BANGALORE: Unless it is proved that the owner of a vehicle was involved in getting his driver a fake driving licence, an insurance company cannot deny the owner compensation for an accident involving the vehicle, the Karnataka State Consumer Disputes Redressal Commission has ruled.

The commission gave this ruling in an appeal filed by N. Srikantaswamy, owner of a lorry, against the judgment of a district consumer forum dismissing his complaint against the delay by Oriental Insurance Company, Chamarajpet branch, in settling his claim. The forum had rejected his complaint on the ground that the driver of the lorry had no valid licence at the time of the accident.

Mr. Srikantaswamy had insured his lorry with Oriental Insurance, and the policy was valid for one year from November 9, 1997. The vehicle met with an accident on June 4, 1998. Mr. Srikantaswamy submitted a claim for compensation to the insurance company. The insurance company treated the claim as closed when the owner did not submit the relevant documents within the time specified. He then filed a complaint with the District Consumer Forum.

The insurance company contended before the forum that the driving licence held by the driver was not a genuine one.

The investigator appointed by the insurance company filed a report stating that the driving licence was not issued from the office of the Regional Transport Officer, Assam. On this ground the forum dismissed the complaint.

`Owner not to blame'

Allowing the appeal of Mr. Srikantaswamy, the State consumer commission said the employer, in all probability, did not know whether the licence possessed by his driver was valid or not. The lorry owner could not be blamed since there was nothing to suggest that he was, in any way, involved in obtaining a fake driving licence for his driver.

The commission directed Oriental Insurance Company to treat Mr. Srikantaswamy's claim as a "non-standard claim" and pay him Rs. 24, 000, which is 75 per cent of the compensation claimed by him.

Printer friendly page  
Send this article to Friends by E-Mail