ORIENTAL INSURANCE COMPANY LIMITED Vs. M D SRINIVASA

JUDGEMENT

(1.) This revision petition has been filed by the Oriental Insurance Company Limited against the order dated 21st of March, 2006 of the Karnataka State Consumer Disputes Redressal Commission, Bangalore (State Commission for short). They are aggrieved that, the State Commission has reversed the order dated 22nd of September, 2004 passed by the District Consumer Disputes Redressal Forum, Mandya (District Forum for short), by which the District Forum while accepting the ground of repudiation of the petitioner-Insurance Company had dismissed the complaint of the respondent herein.

(2.) The dispute between the parties had arisen under the following circumstances:

(3.) Aggrieved thereupon, the respondent-complainant approached the District Forum by filing a consumer complaint. The complaint was resisted by the petitioner-Insurance Company. On consideration of the evidence produced by either side, the District Forum on a thorough analysis of the provisions of law on the subject arrived at the conclusion that the driver of the vehicle at the time of the accident did not hold a valid driving licence to drive the said vehicle which was a 'medium goods vehicle', as the driving licence held by the driver was only for light motor vehicle (non-transport) and, therefore, dismissed the complaint.