VEENA BANSAL Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) The car belonging to the complainant had met with an accident on 9.12.1997 in which the driver of the car Ishwar Garg and her husband died and the complainant as also her children suffered injuries. The car was damaged in the accident in respect of which, claim was filed with OP Insurance Company for Rs.1,60,000. According to the complainant, the claim was not settled and, as such, she approached the District Forum seeking payment of Rs. 1,60,000 with interest as also a sum of Rs.20,000 towards harassment, inconvenience and cost of Rs. 1500.

(2.) The District Forum found that the driving licence of the driver Ishwar Garg was valid from 16.9.1988 to 15.9.1993. The Counsel for the complainant had stated that application was given on 29.6.2000 to the Licensing Authority for issuing verification certificate with regard to the disputed licence, which shows that the driver had a valid driving licence at the time of accident. The District Forum allowed the claim to the tune of Rs. 1,59,275 with interest. This order was challenged by the Insurance Company before the State Commission.

(3.) The State Commission found that the driving licence of the driver Ishwar Garg was valid only upto 15.9.1993, whereas the accident took place on 19.12.1997. Counsel for the Insurance Company had submitted that the complainant did not furnish copy of the driving licence of driver Ishwar Garg to the Surveyor. Subsequently, a number of letters were written to the complainant to supply the driving licence, but the complainant reported that driving licence has probably lost in the accident. Counsel for the Insurance Company had relied upon general exceptions, particularly, relating to holding of effective driving licence by the driver at the time of accident. The State Commission held that driver Ishwar Singh did not have a valid driving licence on the date of accident since his licence had already expired on 15.9.1993 and the Insurance Company was not liable to pay the amount claimed. The appeal was allowed and the complaint was dismissed. This order has been challenged by the complainant/petitioner in revision.