NCDRC

NCDRC

RP/3773/2007

ORIENTAL INSURANCE COMPANY LTD. - Complainant(s)

Versus

SANJEEV KUMAR - Opp.Party(s)

MR. ABHISHEK KUMAR

21 May 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3773 OF 2007
 
(Against the Order dated 14/06/2007 in Appeal No. 299/2004 of the State Commission Himachal Pradesh)
1. ORIENTAL INSURANCE COMPANY LTD.
HEAD OFFICE, ORIENTAL HOUSE, A - 25/27, ASAF ALI ROAD,
4TH FLOOR,
N. DELHI - 110002
...........Petitioner(s)
Versus 
1. SANJEEV KUMAR
VILLAGE - BARSWAN, P. O. - KALKHAR, TEHSIL - SADAR,
DISTRICT - MANDI,
HIMANCHAL PRADESH
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J. M. MALIK, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :
Mr. ABHISHEK KUMAR, ADVOCATE
For the Respondent :
N E M O

Dated : 21 May 2012
ORDER

JUSTICE J. M. MALIK, PRESIDING MEMBER This revision petition has been filed by Oriental Insurance Co. Ltd. The concurrent findings of both the fora below goes against the petitioner. The main question which falls for consideration is hether the driving licence of the driver was or was not a valid licence? The facts giving rise to this petition may be shortly stated as follows. 2. Sanjeev Kumar, the complainant is the registered Owner of Mahindra pick-up LMV bearing No. HP-33-0223. The said vehicle was insured with the Oriental Insurance Co. Ltd. During the currency of the Policy, the said vehicle met with an accident, on 11.01.2003 at Garaudu Near Kalkhar. According to the complainant, Sanjeev Kumar, the said vehicle was driven by duly licenced driver. Thereafter, the dispute about the insurance amount rose between the parties and the complaint was filed by Sanjeev Kumar, the complainant, before the District Forum. 3. The District Forum accepted the claim and directed the petitioner to pay to the respondent a sum of Rs.1,27,770/- together with interest @ 6% p.a. from 08.07.2003, the date of repudiation, till the entire amount is realised as well as Rs.2,500/- as compensation towards the harassment and costs of litigation. 4. Aggrieved by the District Forum order, an Appeal was preferred by the petitioner herein, before the State Commission. The State Commission dismissed the appeal. 5. We have heard the counsel for the petitioner and have perused the written submissions made by the respondent. The learned counsel for the petitioner vehemently argued that the said licence was not valid and in support of his case, cited few authorities New India Assurance Co.Ltd. Vs. Prabhu Lal Civil Appeal No. 5539/07. He has also cited another judgment of this Commission, reported as Oriental Insurance Co. Ltd. Vs. Sohan Singh (RP No.982/2006, decided on 26.04.2007). We have perused both the judgments. So far as the first judgment is concerned, the facts are wee bit different. Secondly, and most importantly, the Court has taken contrary view in the judgment cited by the learned counsel for the respondent in his written submissions. The said judgment is reported as National Insurance Co. Ltd. Vs. Annappa Irappa Nesaria & Ors. AIR 2008 SC 1418. The relevant paras are reproduced below :- 14, 15 & 16 In this authority, it was further held that LMV licence is valid for vehicles of which gross weight is less than 75 kg. In the instant case, the vehicle was registered as LMV only, with gross weight of 2750 kg and on unladen weight was 1610 kg, with sitting capacity of 2 + 1 and as such, the vehicle falls under the category of LMV, as defined in Section 2 (21) and para No. 11 of the judgment. No route permit is granted for such type of vehicles. Consequently, the driving licence of the driver Sh.Om Parkash Sharma, since deceased is valid. The judgment relied upon by the respondent is latest in time and has to be followed. Consequently, the revision petition stands dismissed.

 
......................J
J. M. MALIK
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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