RENU KORRIN Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) This revision petition arises out of the order of the State Consumer Disputes Redressal Commission, Himachal Pradesh, whereby the State Commission upheld the order of the District Forum. The facts in brief which led the complainant to approach the District Forum are as under.

(2.) The appellant's Maruti car, had met with an accident on 16.1.1994 when the appellant was driving the vehicle and sustained a damage to the extent of Rs. 50,000/-. On a claim being lodged with the respondent, M/s. United India Insurance Co. Ltd., the respondent repudiated the claim on the ground that the driving licence possessed by the appellant who was driving the vehicle at the time of accident was not a valid one. In fact, the licence possessed by the appellant was issued by the United Kingdom, which was an International Driving Permit for one year from 23rd April, 1993. Since the claim was repudiated, the complainant filed a complaint before the District Forum which had dismissed the complaint by adverting to Section 2(10) of the Motor Vehicles Act, 1988 wherein it is provided that the driving licence means the licence issued by Competent Authority under Chapter II authorising the person therein to drive. The Chapter II referred to in this definition as the Chapter II of the Motor Vehicles Act, 1988. Section 2(10) is quoted hereunder :

(3.) Heard the learned Counsel for both the parties. We have also gone through the orders of the State Commission as well as the District Forum and the Act of United Nations Conference, 1949 on Road and Motor Transport. Upon hearing both the sides, we are of the opinion that it is not a requirement to obtain a fresh licence in India if a person coming to India is holding a valid international driving licence from his country. The treaty which governs this arrangement has also been shown to us and India is a party to the same. United Kingdom is also a party to the United Nations Conference on Road and Motor Transport which had issued that protocol, 'Final Act - Convention on Road Traffic Protocol Concerning Countries or Terrotories at present occupied Protocol on Road Signs and Signals". We have also seen the letter dated 8.9.1997 issued by the High Commissioner of India, Consular Department, India House, Aldwych, London, to Mr. A.P. Korrin, which reads as under : "Please refer to your letter dated 22.8.1997 regarding validity of AA International Driving Permit. The International Driving Licence issued by AA are valid in India for use for one year."