VINOD BANSAL Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THE admitted facts of the case are that appellant/complainant that vehicle (tanker) of the complainant bearing registration No. HR -39/1092, which was insured with the opposite parties, met with an accident on 6.7.2005 during the enforcement of the insurance policy. The Surveyor of the opposite parties have assessed the damages caused to the vehicle to the tune of Rs. 1,97,000. However, the Insurance Company had repudiated the claim of the complainants on the ground that on the date of accident, driver of the vehicle Jogender Singh was not having a valid and effective driving licence, because licence of the driver Joginder Singh was expired on 7.6.2005 and thereafter it was renewed by the RTA, Hisar w.e.f. 6.7.2005, whereas the accident in question had taken place on 6.7.2005.

(2.) WHILE disposing of the complaint, the District Forum has taken into consideration the fact that on the date of accident in question, driver of the vehicle was not having a valid and effective driving licence, hence, there was no deficiency in service on the part of the opposite parties in repudiating the claim of the complainants. With this observation the District Forum has dismissed the complaint.

(3.) IT is against the order of dismissal passed by the District Forum, appellant/complainant has filed the present appeal before this Commission.