NATIONAL INSURANCE COMPANY LTD. Vs. GH. RASOOL BABA

JUDGEMENT

(1.) Quashment of the order dated 23.3.2006 passed by Divisional Consumers Protection Forum, Srinagar and the order dated 5.8.2009 passed by J & K State Consumer Disputes Redressal Commission, Srinagar, is sought.

(2.) The short and only contention of the Petitioner is that the Petitioner is not liable to pay any compensation to the damage as caused to the vehicle (Scorpio) in the accident as occurred on 29.9.2003 because the driver, at the time of accident, did not possess valid and effective driving license and it is on the same basis claim of the complainant (Respondent No. 1) was repudiated by the Petitioner on 28.4.2004. The driver at the time of accident was having driving license authorizing him to drive heavy goods vehicle when the vehicle (Scorpio) is a light Motor Vehicles, so driver was not authorized to drive light Motor Vehicles.

(3.) In support of his contention, learned Counsel for the Petitioner has placed reliance on the judgment : NATIONAL INSURANCE COMPANY LIMITED v. KUSUM RAI, 2006 4 SCC 250, judgment rendered by Coordinate Bench in CIMA No. 24/2009 dated 13.5.2010 in the case titled National Insurance Company Ltd. v. Mohammad Ishaq Khanday and Ors., 2008 AIR(SC) 2266.