Heard learned counsel for petitioner, on admission. Factual matrix are that that passenger bus of petitioner, insured with respondent-Insurance Company, met with an accident, following bursting of tyre, during currency of insurance. Police case was registered and claim was also lodged with Insurance Company. Insurance Company on strength of materials collected during investigation suggesting that Ramnath, Driver, was not holding valid license issued by competent authority, repudiated claim of petitioner. Complaint was eventually filed with District Forum, which on strength of pleadings of parties, having overruled contentions of respondent- Insurance Company, accepted complaint, granting certain reliefs to petitioner. However, in appeal that was preferred by Insurance Company with State Commission, finding of District Forum was reversed up holding contention raised on behalf of Insurance Company about Driver holding no valid license at the material time of accident. It is how that the petitioner is in revision, before us. -2- Contention raised on behalf of petitioner was that since cause of accident was not disqualification of Driver, but it was due to bursting of tyre, repudiation of claim made by respondent was invalid and also that even if driving license shown to have been issued from RTO Jhanshi, is taken to be fake on its face value, its subsequent renewal of 30 years by the RTO Guna, not invalidate qualification to drive even the vehicle in question. Learned counsel urged that since Ramnath was employed as Driver by petitioner on satisfaction of his capacity to drive the vehicle, even if the driving license was invalid that would not make any dent to his qualification. The Hon’ble Apex Court in case of United Insurance Company Vs. Davinder Singh (IV) (2007) CPJ 1 (SC), affirming the decision of Supreme Court in case of National Insurance Co. Ltd. Vs. Laxmi Narayan Dhuth, (2007) 3 SCC, 700, held that renewal of a fake license would not cure defect. Since during investigation of claim license of Ramnath was found to be fake having not been issued by RTO Jhanshi, its subsequent renewal even if it be for a longer period would not remove infirmity crept therein. We accordingly find no infirmity in finding of State Commission. In the circumstances, revision petition is dismissed with no order as to cost.
......................JB.N.P. SINGHPRESIDING MEMBER
......................S.K. NAIKMEMBER | |
