Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection Act 1986-s. 12 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Consumer Protection Act, 1986 - s.12 - Vehicle of complainant got damaged in an accident - Claim towards vehicle and other expenses - Held: Documentary evidence by Insurance Company show that vehicle which met with accident was a 'transport vehicle' - Driver held licence to drive Light Motor Vehicle only - There was no requisite endorsement which would entitle him to ply such 'transport vehicle' - Thus, complainant not entitled to any compensation and Insurance company cannot be held liable - Order of District Forum upheld, and that of State Commission an affirmed by National Commission set aside - Motor Vehicles Act, 1988 - ss. 147, 2(47), and 3 - Central Motor Vehicle Rules, 1989 - Rule 16.The respondent filed a complaint under s.12 of the Consumer Protection Act, 1986 before the District Consumer Dispute Redressal Forum that his vehicle, TATA 709, was hit by a Roadways bus and got damaged. He claimed certain amount towards claim of vehicle, mental agony, survey fees and charges of driving the vehicle from the place of accident. The Insurance Company contested and stated that it did not commit any deficiency in rendering service. The case of Insurance Company was that the vehicle was being driven by 'RN', the brother of complainant who possessed only a licence to drive light motor vehicle and not heavy motor vehicle and as such could not have driven the vehicle in question which was 'transport vehicle' in the absence of necessary endorsement as required and, therefore, the Insurance Company could not be held liable. The District Consumer Dispute Redressal Forum held the claim as not tenable and dismissed the complaint. However, the Consumer Dispute Redressal Forum of the State allowed the appeal of the claimant and the National Consumer Dispute Redressal Forum confirmed the order. Aggrieved, the Insurance Company filed the instant appeal. |
Judge | Hon'ble Mr. Justice C.K. Thakker |
Neutral Citation | 2007 INSC 1210 |
Petitioner | New India Assurance Co. Ltd. |
Respondent | Prabhu Lal |
SCR | [2007] 12 S.C.R. 724 |
Judgement Date | 2007-11-30 |
Case Number | 5539 |
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