LAWS(SC)-2009-9-90

NATIONAL INSURANCE COMPANY LIMITED Vs. OM PRAKASH JAIN

Decided On September 14, 2009
NATIONAL INSURANCE COMPANY LIMITED Appellant
V/S
OM PRAKASH JAIN Respondents

JUDGEMENT

(1.) LEAVE granted. Respondent Om Prakash Jain filed a complaint before the District Consumer Disputes Redressal Forum, Bundi, Rajasthan (for short "the District Forum") claiming compensation in lieu of the damage caused to the vehicle (truck bearing Registration No. RJ 08 G 0023), which was purchased in the name of the firm, namely, M/s. Jain Oil Industries. According to him, the truck met with an accident on 20/9/1995 when he was going from Delhi to Jaipur with wheat loaded in the truck. The complainant pleaded that the driver of the truck Shri Taufiq Ahmad had valid driving licence.

(2.) THE appellant contested the complaint by alleging that the wheat did not belong to the complainant; that the truck was being used as public carrier for transporting the passengers and that the driver did not have valid and effective driving licence.

(3.) THE State Consumer Disputes Redressal Commission (for short "the State Commission") before which the respondent filed appeal, made the following observations on the issue of validity of driving licence of Shri Taufiq Ahmad: