UNITED INSURANCE CO LTD Vs. SUKH DEO YADAV

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by the National Consumer Disputes Redresssal Commission, New Delhi, (in short National Commission ) dismissing the revision petition filed by the appellant (hereinafter referred to as the insurer ). The National Commission upheld the order passed by the Jharkhand State Consumer Redressal Commission, Jharkhand (hereinafter referred to as the State Commission ).

(3.) According to the appellant the records including the case diary clearly show that the vehicle was being driven by Munna Singh who did not have a valid driving license. When the vehicle was being driven on 9.6.2004 by the aforesaid Munna Singh it was involved in a head on collusion. The District Forum and the State Commission did not consider the evidentiary value of the case diary which was produced. In several documents it was clearly noted that the vehicle was being driven by Munna Singh and not by Sanjeev Kumar as claimed. Sanjeev Kumar is the son of the owner of the Jeep. Particular reference is made to the case diary wherein it has been stated as follow: