NCDRC

NCDRC

RP/4083/2010

SUNIL JINDAL - Complainant(s)

Versus

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

MR. R.K. BHAWNANI

14 Feb 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4083 OF 2010
 
(Against the Order dated 12/07/2010 in Appeal No. 135/2010 of the State Commission Chhattisgarh)
1. SUNIL JINDAL
R/o Shri Venketesh Road Carrier, Jindal Bipass Road Sqr.
Raigarh
Chhattisgarh
...........Petitioner(s)
Versus 
1. ORIENTAL INSURANCE CO. LTD.
Through Sr. Divisional Manager, Divisional Office No. 1, Madina Building
Raipur
Chhattisgarh
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. BATTA, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :MR. R.K. BHAWNANI
For the Respondent :NEMO

Dated : 14 Feb 2011
ORDER

PER MR. JUSTICE R.K. BATTA, PRESIDING MEMBER Heard Counsel for the Petitioner. The issue centers around the validity of the licence of the driver when the vehicle met with an accident. The order of the District Forum shows that after investigation by the Investigator it was found that the driving licence of the driver Khetraram Yadav was not issued by the Licencing Authority, Ambikapur and the said licence was forged. The District Forum noted that merely by renewing the forged licence by Licensing Authority, Raigarh, original licence does not become a valid licence. Even in spite of this, the District Forum had allowed the complaint on the ground that the Complainant had accepted on good faith that Khetraram Yadav was having a valid driving licence holder. This order was challenged by the Insurance Company before the State Commission. The State Commission in paragraph of the impugned order has observed that in the record of the District Forum a Report (Annexure B-3) of Licencing Authority (Additional RTO, Amrikpur) is available wherein it has been certified that the driving licence No. K/2221/2001 was not issued by that Office and the original licence was demanded which was never produced. On the basis of the record, the State Commission came to the conclusion that driving licence of the driver Khetraram Yadav was forged. The State Commission had relied upon the judgement of the Apex Court in National Insurance Company V/s. Narain Dhoot II (2007) ACC 28(SC) to the affect that renewal of forged licence does not make the renewed licence a valid licence. This judgement has been followed in subsequent judgements by the Apex Court. The State Commission had, therefore, very rightly allowed the appeal and dismissed the complaint. We do not find any merit in the contention of learned counsel for the Petitioner that Complainant should have been paid on non standard basis. In this case, there is a fundamental breach of law as well as terms and conditions of the policy, in as much as the driver who drove the vehicle did not have a valid driving licence on the date of accident. In view of this, we do not find that any case has been made out for interference in the order of the State Commission. The revision is, therefore, dismissed with no order as to costs.

 
......................J
R.K. BATTA
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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