LAWS(SC)-2008-1-132

ORIENTAL INSURANCE CO LIMITED Vs. PRITHVI RAJ

Decided On January 24, 2008
ORIENTAL INSURANCE CO LIMITED Appellant
V/S
PRITHVI RAJ Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Leave granted.

(3.) Challenge in this appeal is to the order passed by the National Consumer Disputes Redressal Commission, New Delhi (in short 'the Commission') allowing the First Appeal filed by the appellant before it (the respondent herein). He is hereinafter referred to as the complainant. Before the Himachal Pradesh State Consumer Disputes Redressal Commission (in short the State Commission), the complainant had filed a complaint alleging that a Mini Bus owned by the complainant met with an accident during the period when the Insurance Cover/policy issued by the appellant-Insurance Company was in currency. The incident was reported to the Insurance Company but the claim was not settled on the ground that the Driver of the offending vehicle did not have a valid and operating driving license. The complainant took the stand that there was a renewal of the driving license which was valid and legal and, therefore, the claim could not have been repudiated by the Insurance Company. The State Commission rejected the plea, categorically holding that there was no valid license issued by the R.T.A, Hyderabad, as claimed by the Driver.