NATIONAL INSURANCE COMPANY LIMITED Vs. JAGJIT SINGH

JUDGEMENT

(1.) IN this revision petition, filed under Section 21(b) of Consumer Protection Act, 1986 (for short, 'Act'), there is challenge to order dated 17.7.2007, passed by State Consumer Disputes Redressal Commission, Chandigarh UT (for short, 'State Commission'), in F.A. No.785 of 2007.

(2.) BRIEF facts are that Respondent -Complainant got his Maruti Zen Car insured from the Petitioner -Opposite Party vide insurance policy which was valid upto 14.3.2006. The said car met with an accident on 27.11.2005 and was badly damaged. Respondent informed the Petitioner about the accident and got his car repaired from Swami Motors Pvt. Ltd. where he spent Rs.43,873/ -. However, petitioner repudiated the claim on the ground that respondent was not holding valid driving licence on the date of accident. Respondent challenged the repudiation on the ground that his driving licence was renewed from 2.5.2003 to 29.12.2010. Thus, he was holding valid driving licence on the date of accident. Petitioner in its reply took the stand that the insured was not holding valid driving licence at the time of alleged accident which had expired on 2.5.2003. Therefore, the claim was rightly repudiated. District Forum vide order dated 20.4.2007, allowed the complaint in the following terms; -

(3.) HENCE , this revision petition.