KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUDTHIRUVANANTHAPURAM APPEAL NO.274/09 JUDGMENT DATED 23.9.2010 PRESENT JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT SRI.S.CHANDRAMOHAN NAIR -- MEMBER National Insurance Co.Ltd. Bangalore, DO-1, 3rd Floor, Unity Buildings, -- APPELLANT Annexe-72, Mission Road, Bangalore – 560027. (By Adv.Prasanna Kumar Nair) Vs. 1. Smt.Habeeba Jaleel, 8/494, Kannittachirayil House, Avalookkunnu P.O, Punnamada, Alappuzha. 2. Sri.Abdul Jaleel, -- RESPONDENTS -do- -do- 3. M/s. Tata Motor Finance Ltd. Ernakulam Branch. (R1 & 2 By Adv.S.Reghukumar) JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT The appellant is the first opposite party/Insurance Company in CC199/07 in the file of CDRF, Alappuzha. The appellants are under orders to disburse the full insurance claim with compensation of Rs.10,000/- and a cost of Rs.2,000/-. The dispute is with respect to the contention raised by the first opposite party/appellant that the driver was not having the badge to drive the tourist taxi. The driving licence particulars produced by both sides before the Forum would show that the driver was having driving license to drive light motor vehicle from 23.11.04 and also to drive 3 wheeler. The validity of the badge was from 23.11.04 to 22.11.07. The licence has been issued on 23.11.04. It is the case of the appellant that as per Rule 6 of the Kerala Motor Vehicle Rules, 1989, authorization to drive a transport vehicle can issued only after the expiry of one year from the date of issuance of the driving license. Along with the Appeal Memorandum, the appellant has also produced a copy of the alleged driving licence of the driver, wherein it is mentioned that the badge is with respect to Autoriksha. The genuineness of the same is disputed by the complainant/respondent. The appellant has not adduced any oral evidence also before the Forum. There is no proper explanation for non-production of the driving licence before the Forum. It is submitted by the respondents/complainants that the driver has left his services. All the same, and in view of the fact that the dispute is with respect to entitlement of the driver to drive the transport vehicle we find that the matter requires further consideration. Hence, the order of the Forum is set aside on condition that the appellant/first opposite party pay a sum of Rs.5000/- towards costs to the complainant or deposit the same before the Forum, which can be withdrawn by the complainant. The Forum will permit both sides to adduce further evidence and dispose of the matter on merits. The case stands posted before the Forum on 7.12.10. The office will forward the LCR along with copy of this order to the Forum urgently. JUSTICE K.R.UDAYABHANU -- PRESIDENT S.CHANDRAMOHAN NAIR -- MEMBERS/L | 
