Rajasthan

StateCommission

A/780/2018

Manjur Ali s/o Yaseen Khan - Complainant(s)

Versus

Oriental Insurance Company Limited - Opp.Party(s)

Kamal Chamria

28 Jan 2019

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

FIRST APPEAL NO:780/2018

 

Manjoor Ali s/o Yasin Khan r/o Near Mamu Kirana, Harijan Basti, Shivpura, Kota through Mukhtayar Khas Abdul Hakim

Vs.

 

Oriental Insurane Co.Ltd. through Asstt.Manager 1, Sahyog Bhawan, Aerodram Circle, Kota.

 

Date of Order 28.1.2019

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Hon'ble Mr.K.K.Bagri-Member

 

Mr. Kamal Chamaria counsel for the appellant

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

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This appeal has been filed against the judgment of the District Forum, Kota dated 21.8.2018 whereby the complaint is dismissed on the ground that the driver of the vehicle was not having valid and effective licence.

 

Heard the learned counsel for the appellant and perused the impugned judgment.

 

The contention of the appellant is that record of the DTO Kota has not been called inspite of the objection by the respondent.

 

The Forum below was of the opinion that Kallu (Kalu s/o Rasheed) was not having valid driving licence as the time of accident. To support this contention report of DTO Kota is submitted which categorically states that impugned driving licence is issued in the name of Hemraj s/o Gaurishankar. Hence, it was amply proved before the Forum below that the driver of the vehicle Kallu was not having a valid driving licence at the time of accident.

 

It may also be noted that before the Forum below the

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complainant has not tried to rebut the certificate and verification report of the District Transport Office, Kota. Per contra it was the contention of the respondent that relevant record be summoned which was rightly denied by the Forum below as verification report was already available on the record which has not been disputed by the complainant and the Forum below has rightly dismissed the claim as driver of the vehicle was not having valid and effective licence.

 

In view of the above,there is no merit in this appeal not worth admission and stands dismissed.

 

(K.K.Bagri) (Nisha Gupta )

Member President

 

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