NCDRC

NCDRC

RP/4079/2009

NEW INDIA ASSURANCE CO. LTD. - Complainant(s)

Versus

RAM KUMAR MEHRIYA - Opp.Party(s)

MR. NAVDEEP SINGH

24 Nov 2009

ORDER

Date of Filing: 05 Nov 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/4079/2009
(Against the Order dated 20/08/2009 in Appeal No. 264/2009 of the State Commission Delhi)
1. NEW INDIA ASSURANCE CO. LTD.Jeewan Bharti Building, Connaught Place,NEW DELHI ...........Appellant(s)

Vs.
1. RAM KUMAR MEHRIYANew Kumar Trasport Corp. U-63, UTC, Millenium Complex, B-Block, Shalimar Garden, Extn - 2, SahibabadGhaziabadU.P. ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :MR. NAVDEEP SINGH
For the Respondent :NEMO

Dated : 24 Nov 2009
ORDER

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          Briefly stated, the facts are that the respondent had taken the insurance policy from the petitioner in respect of his vehicle in the sum of Rs.4,07,786/- which was effective from 22.8.2006 to 21.8.2007.  The vehicle met with an accident on 12.6.2007.  Respondent approached the petitioner insurance company.  Petitioner appointed a Surveyor who, after duly inspecting the vehicle, assessed the loss at Rs.1,61,843/-.  However, the petitioner did not release the claim amount for the reason that the driver was not having the valid driving license.  Aggrieved by this, respondent filed the complaint before the District Forum.

          Petitioner after filing the Written Statement, did not appear before the District Forum.  Respondent led his evidence.  Taking the evidence filed by the respondent, which remained unrebutted, the District Forum allowed the complaint and directed the petitioner to pay a sum of Rs.1,64,883/- to the respondent towards damage to the vehicle, Rs.3,000/- were awarded as compensation and Rs.1,000/- as costs. 

          Dissatisfied with the order passed by the District Forum, petitioner insurance company filed an appeal before the State Commission which has been dismissed by the impugned order.  Hence, revision petition before us.

            Counsel for the petitioner states that he had filed the evidence by way of affidavit to the effect that the driver did not have a valid Driving License.  These documents were not formally proved.  As against this, respondent had produced the Driving License of the driver who was driving the vehicle at the relevant time, relying upon which the fora below have held that the driver did have a valid Driving License on the date of accident.  Petitioner filed an application for taking the evidence on record after the District Forum had heard the arguments and reserved the case for orders.  The evidence led by the respondent remained unrebutted.  Revision petition is dismissed.  No costs.



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER