JITMANI BHAGAT Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) Petitioner had got his bus bearing Registration Number BR-42P-8888 insured with the respondent Insurance Company for the period from 29.11.2002 to 28.11.2003. On 1st November, 2003 the said bus met with an accident. FIR was lodged Respondent Insurance Company was also informed. Petitioner then submitted her claim for Rs. 1 lac which the respondent Insurance Company repudiated on the ground that the driver of the vehicle did not have a valid driving licence. Aggrieved by this, respondent filed the complaint before the District Forum. District Forum allowed the complaint and directed the petitioner to pay Rs. 69,919 to the complainant towards insurance claim. Rs. 10,000 were awarded as compensation and Rs. 1,000 as costs.

(2.) Respondent being aggrieved filed the appeal before the State Commission which allowed the same and set aside the order of the District Forum. It was held that the renewal of original licence No. 7566 of 1990, which was fake could not transform a fake licence into a genuine licence. The State Commission has recorded a finding that the original licence neither bore the seal or the signatures of the DTO, Hazari Bagh nor any Memo Number. That DTO, Hazari Bagh had confirmed in its communication that licence bearing No. 7566 of 1990 was not issued by the DTO Hazari Bagh.

(3.) Counsel for the parties have been heard.