Oriental Insurance Company Limited, petitioner herein, was the opposite party before the District Forum.

          Complainant/respondent is the owner of tempo which was insured with the petitioner.  Said vehicle met with an accident, as a result of which the tempo sustained extensive damage.  Respondent filed an insurance claim with the petitioner insurance company which

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was repudiated on the ground that the driver of the vehicle was not having an effective driving license on the date of accident.  Thus, being aggrieved respondent filed a complaint before the District Forum.

          District Forum partly allowed the complaint and directed the insurance company to pay a compensation of Rs.65,664/- with interest @ 12% p.a. from the date of filing of the complaint till realization.  Rs.500/- were awarded as costs.

          Being aggrieved by the order passed by the District Forum, petitioner insurance company filed an appeal before the State Commission which has been dismissed by the impugned order.  

          Driving license of the person who was driving the vehicle,                                                                                                                                                                        expired on 29.8.1996; accident took place on 28.4.1998 and the license was got renewed on 08.5.1998.  Admittedly, on the date of accident, the driver did not have a valid and effective driving license.  Hon’ble Supreme Court of India as well as this Commission in numerous cases has taken the view that in the absence of valid           and effective driving license on the date of accident, the insurance

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company is not liable to compensate the insurer.  Orders passed by the foras below are against the law laid down by Hon’ble Supreme Court of India and are accordingly set aside.  Complaint is ordered to be dismissed.  Parties shall bear their own costs.

          Revision petition stands disposed of in above terms.