NCDRC

NCDRC

RP/3081/2005

SMT. ANJANA PRADHAN - Complainant(s)

Versus

LIFE INSURANCE CORPORATION - Opp.Party(s)

R.K.BHAWNANI

26 Aug 2009

ORDER

Date of Filing: 07 Dec 2005

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/3081/2005
(Against the Order dated 08/08/2005 in Appeal No. 386/2004 of the State Commission Chhattisgarh)
1. SMT. ANJANA PRADHANR/O SHAKTI NAGAR DISTT. RAIPUR C.G ...........Appellant(s)

Vs.
1. LIFE INSURANCE CORPORATIONJEEVAN PRAKASH JEEVAN BIMA MARG RAIPUR C.G. ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :Ms. Jhuma Bose, adv. for R.K.BHAWNANI, Advocate
For the Respondent :Mr. Mohinder Singh & Ms. Diksha Ahuja, adv. for -, Advocate

Dated : 26 Aug 2009
ORDER

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Petitioner was complainant before the District Forum.

          Husband of the petitioner had taken life insurance policy from the respondent for a sum of Rs.50,000/-.  During the currency of policy, husband of the petitioner died in a road accident.  The claim filed by the petitioner was repudiated by the respondent on the ground that the deceased was not holding a valid driving license to

 

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drive a Two Wheeler.  Petitioner, thereafter, filed a complaint before the District Forum.

          District Forum allowed the complaint, aggrieved against which the insurance company filed an appeal before the State Commission which has been allowed by the impugned order.

          Original driving license was not produced.  Only Photostat copy of the license was produced which shows that the license was valid from 25.6.1991 to 24.12.1991.  The accident took place on 30.3.2002.  No other driving license was produced to show that the deceased possessed a valid driving license.

          Counsel for the petitioner has produced a certificate issued by RTI, Raipur, State of Chattisgarh stating therein that husband of the petitioner had a driving license to drive a motorcycle which was valid fro 31.12.1997 to 30.12.2002.  Below this, an endorsement has been made that the original record has been eliminated.  This endorsement was made in the year 2004.   If the original record had been eliminated, then from where the licensing authority issued the Certificate stating that husband of the petitioner had a driving license from 30.12.1997 to 30.12.2002 to drive a two wheeler.  The

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Certificate issued by the RTO Raipur, under the circumstances, cannot be accepted.

            For the reasons stated above, we endorse the view taken by the State Commission and held that husband of the petitioner did not hold a valid driving license at the time of accident.  Revision petition is dismissed.  No costs.



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER