NCDRC

NCDRC

RP/4403/2009

GITA PARIVAHAN - Complainant(s)

Versus

UNITED INDIA INSURANE CO. LTD. - Opp.Party(s)

MR. ADITYA SHARMA

14 Dec 2009

ORDER

Date of Filing: 30 Nov 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/4403/2009
(Against the Order dated 18/09/2009 in Appeal No. 396/2007 of the State Commission Himachal Pradesh)
1. GITA PARIVAHANR/o Andreta, Tehsil Palampur, Kangra,H.P. ...........Appellant(s)

Vs.
1. UNITED INDIA INSURANE CO. LTD.Through its Divisional Manager, Divisional Office, Timber House, Cart Road,Shimla. ...........Respondent(s)

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

Dated : 14 Dec 2009
ORDER

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          Complainant/petitioner got his vehicle insured from the respondent insurance company.  During the currency of the policy, the said vehicle met with an accident on 9.6.2001.  Claim lodged by the petitioner was repudiated by the respondent company on the ground that driver, who was driving the vehicle at the time of accident, did not have a valid and effective licence on the date of accident. 

          District Forum allowed the complaint and directed the respondent to pay a sum of Rs.42,472.64p. with interest at the rate of 9% with costs of Rs.1,000/-.  Respondent had produced Shri Gopal Kishor, Jr. Assistant of the District Transport Office, Hoshiarpur who deposed that the District Transport Office at Hoshiarpur had not issued the driving licence in question, which was not accepted by the District Forum. 

          Aggrieved by the order passed by the District Forum, respondent filed an appeal which has been allowed.  It was held that renewal of a fake licence would not validate the driving licence.  For coming to this conclusion, the State Commission has relied upon a judgement of the Supreme Court in the case of National Insurance Co. Ltd vs. Laxmi Narain Dhut – (2007) 3 SCC 700.

            I agree with the view taken by the State Commission.  In view of the law laid down by the Supreme Court that renewal of the fake licence would not validate the licence, complainant would not be entitled to any compensation.  Dismissed.



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