NATIONAL INSURANCE CO LTD Vs. HARBHAJAN LAL

JUDGEMENT

(1.) CIVIL Appeal Commission (for short, 'National Commis- No. 3612 of 2005: sion'). Hence, this appeal by special leave. Heard learned counsel for the parties. 2. Learned counsel appearing on behalf The District Consumer Disputes Redressal of the appellant submitted that the judg- Forum (for short, 'the District Forum') ment rendered by this court in the case of dismissed the complaint on the ground that Swaran Singh, 2004 ACJ 1 (SC), was the driving licence was a forged one. In applicable only in relation to the case of view of this finding, the District Forum third party. In the present case, no corn- came to the conclusion that as there was plaint was filed by third party but the corn- no deficiency in service, the complaint plaint was filed by the insured. Learned was fit to be dismissed and the same was, counsel appearing on behalf of the appel- accordingly, dismissed. Against the said lant stated that it has been clarified by this order, when the matter was taken to State court in the case of National Insurance Consumer Disputes Redressal Commission Co. Ltd. v. Laxmi Narain Dhut, 2007 ACJ (for short, 'State Commission') in appeal, 721 (SC), that the ratio laid down in the the order was reversed by placing reliance case of Swaran Singh (supra) would apply upon the judgment rendered by this court only in relation to the cases of third party in the case of National Insurance Co. Ltd. and not in relation to the own damage v. Swaran Singh, 2004 ACJ 1 (SC), which cases, in which eventually the insurer is order has been confirmed in revision by only liable to show that the licence was the National Consumer Disputes Redressal fake one.

(2.) ACCORDINGLY, the appeal is allowed, impugned orders rendered by the State Commission and the National Commission are set aside and the same passed by the District Forum dismissing the complaint is restored. Civil Appeal Nos. 3249, 3250, 3251 and 3252 of 2003:

(3.) HEARD learned counsel appearing on behalf of the parties.