AKKAN KHAN Vs. ORIENTAL INSURANCE CO

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the impugned order dated 22.05.2007 passed by the Uttarakhand State Consumer Disputes Redressal Commission (for short 'the State Commission') in

(2.) Brief facts of the case are that the present petitioner / complainant is the owner of vehicle bearing registration no. UP 70 R 2551 which was insured by the respondent insurance company via cover note No. 31-2004-2551. The said vehicle met with an accident on 1.1.2004 and was damaged. The surveyor appointed by the respondent assessed the damages to be Rs.70,000/- whereas the petitioner claims that he spent Rs.95,000/- for the repair of the vehicle, after returning the salvage to the opposite party. However, the respondent / OP repudiated the claim on the ground that the driving licence possessed by the driver was fake. The case of the complainant is that the accident occurred due to mechanical failure and not due to lack of skill on the part of the driver. The District Forum after examining the documents submitted, directed the insurance company to pay Rs.61,393/- to the complainant within 30 days alongwith interest @9% p.a. from the date of filing of the complaint and also Rs.1500/- for the expenses incurred by the complainant.

(3.) Being aggrieved, the respondent / OP filed appeal before the State Commission against the order of the District Forum. The State Commission allowed the said appeal and dismissed the complaint, holding that the licence of the driver of the vehicle in question was fake and hence, the insurer was not liable to pay the said claim as there was violation of the terms of the policy of insurance. The learned State Commission relied upon the decision of the Hon'ble Apex Court in "National Insurance Co. Ltd. Vs. Laxmi Narain Dhut", 2007 AIR(SCW) 279]. It is against this order that the present revision petition has been filed.