NCDRC

NCDRC

RP/1155/2010

M/S. VARDHAMAN CARGO CARRIERS - Complainant(s)

Versus

ORIENTAL INSURANCE CO. LTD. - Opp.Party(s)

MR. R.K. BHAWNANI

28 Jun 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 1155 OF 2010
(Against the Order dated 14/01/2010 in Appeal No. 507/2009 of the State Commission Chhattisgarh)
1. M/S. VARDHAMAN CARGO CARRIERSThrough:- Basant Vaid, Partner, Shop No. 1, Saggu Complex, Transport Nagar, Tatabandh, G.E. Road, N.H.6Raipur(Chhattisgarh) ...........Petitioner(s)
Versus
1. ORIENTAL INSURANCE CO. LTD.Through:- Senior Divisional Manager, Divisional Office No. 2, Second Floor,, Chawla Complex, Sai Nagar, Devendra Nagar RoadRaipur(Chhattisgarh) ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE R.K. BATTA ,PRESIDING MEMBERHON'BLE MRS. VINEETA RAI ,MEMBER
For the Petitioner :MR. R.K. BHAWNANI
For the Respondent :NEMO

Dated : 28 Jun 2010
ORDER

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Heard the Counsel for the petitioner. There are concurrent findings of two foras below. It has been found that the original licence on the basis of which the petitioner got his licence renewed from Bilaspur Authority was a fake licence. Alternatively, it has been held that licence in the name of the petitioner could not have been issued to him as he was 16 years old. Taking all these factors into consideration, the fora below have held that the complainant is not entitled to compensation for the loss claimed by the complainant with reference to the vehicle which met with an accident. The case is completely covered by judgment of the Apex Court in National Insurance Co. Ltd., vs Laximnarain Dhut – III (2007) 700 SCC. In view of this we do not find that any case is made out for interference in the impugned order in the exercise of revisional jurisdiction under Section 21 (b) of the C P Act, 1986, as we do not find any illegality, material irregularity or jurisdictional error in the order of the State Commission. Accordingly, the revision petition is dismissed, with no order as to cost.



......................JR.K. BATTAPRESIDING MEMBER
......................VINEETA RAIMEMBER