PRAKASH INDUSTRIES LIMITED Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS is an appeal of the insured, who felt aggrieved by order of District Consumer Disputes Redressal Forum, Raipur (hereinafter called as "District Forum" for short) in Complaint Case No. 126/2006 dated 27.8.2008, whereby complaint in respect of insurance amount as own damage case, has been dismissed by District Forum, on the ground that driver was having a fake licence at the time of accident, so no amount is payable under the insurance policy.

(2.) IN short, facts of the case are that Truck bearing No. CG -04/G -1503 is under ownership of appellant and was insured by the respondent for a period from 15.6.2003 to 14.6.2004. That vehicle was damaged in a road accident on 25.12.2003. At that time, one Mr. Vijay Rai was driving the vehicle. The intimation of accident was given by the appellant/complainant to the insurer and then a Surveyor was appointed by the Insurance Company. The repair works of the vehicle was performed by the appellant under the instruction of the Insurance Company, but even then, no amount was paid by the Insurance Company and the claim was repudiated on the ground that driver Mr. Vijay Rai was having no valid and effective licence.

(3.) THE Insurance Company also in written version had averred that copy of the driving licence No. B/9928/89, provided by the appellant to the Insurance Company, was sent for verification to the concerned Licensing Authority of the Kamrup, Gauhati from where it was stated that the licence was not issued by the Licensing Authority, Gauhati, thus the licence was fake and forged document and appellant has employed such a person, who does not have a valid driving licence and thereby violated terms of policy, and was not entitled for his own damage claim.