NCDRC

NCDRC

RP/2468/2009

RAMJI LAL - Complainant(s)

Versus

NATIONAL INSUIRANCE CO. LTD. - Opp.Party(s)

MR. JITENDRA MITRUCKA

16 Mar 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 2468 OF 2009
(Against the Order dated 19/02/2009 in Appeal No. 1544/2007 of the State Commission Rajasthan)
1. RAMJI LALS/o Hanuman Dhobi, Resident of Village Padasoli, Tehsil -Dudu,Distt. JaipurRAJASTHAN ...........Petitioner(s)
Versus
1. NATIONAL INSUIRANCE CO. LTD.Branch Office, Yadav Bhawan, Ajemr Road, Madanganj-Kishangarh, AjmerRAJASTHAN ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. S.K. NAIK ,MEMBER
For the Petitioner :MR. JITENDRA MITRUCKA
For the Respondent :NEMO

Dated : 16 Mar 2010
ORDER

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43 days  of delay in filing the revision petition is condoned. 

The fora below has dismissed the complaint holding that the person who was driving the vehicle did not have a valid driving licence at the time of accident.   In the absence of valid driving licence, respondent – insurance company is not liable to compensate the insured of the loss caused.  The finding recorded by the State Commission is a finding of fact which cannot be interfered in exercise of revisional jurisdiction. 

Under Section 21 of Consumer Protection Act, 1986 in revisional jurisdiction this Commission can interfere only if the State Commission exercises jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity.   Dismissed.

 



......................JASHOK BHANPRESIDENT
......................S.K. NAIKMEMBER