LAWS(NCD)-2023-7-28

VIJAY GARG Vs. ORIENTAL INSURANCE COMPANY LIMITED

Decided On July 14, 2023
VIJAY GARG Appellant
V/S
ORIENTAL INSURANCE COMPANY LIMITED Respondents

JUDGEMENT

(1.) This revision petition under Sec. 21(b) of the Consumer Protection Act, 1986 (in short, the 'Act') assails the order dtd. 29/6/2018 in First Appeal No. 191 of 2018 of the State Consumer Disputes Redressal Commission, Chhattisgarh, Raipur (in short, the 'State Commission') allowing the appeal and dismissing order dtd. 31/1/2018 of the District Consumer Disputes Redressal Forum, Raigarh (in short, the 'District Forum') in Consumer Complaint no. 39 of 2015.

(2.) The brief facts of the case, according to the petitioner, are that he is the owner of a Tata LPO 1510 vehicle, bearing registration number CG 14A 4111 which was insured with the respondent insurance company under policy no. 193490/31/2013/713 valid from 31/3/2013 to 30/3/2014. The vehicle met with an accident on 12/3/2014 and the respondent was informed of the incident on the same day. A claim was preferred for Rs.8,00,000.00. However, the respondent repudiated it on the ground that under the terms and conditions of the insurance policy in question, the driver of the vehicle at the time of the accident did not possess a valid driving license as mandated. The complaint of the petitioner had been allowed by the District Forum vide order dtd. 31/1/2018 on the basis of New India Insurance Co. Ltd. Vs. Smt. Malti Dikshabai Bhova 2013 (2) CPR 462 (NC). However, on appeal, the State Commission set this order aside on 29/6/2018 vide the impugned order. Hence the present Revision Petition.

(3.) I have heard the learned counsel for the petitioner and the proxy counsel for the respondent on authority and perused the records carefully. Only the respondent filed his short synopsis of arguments despite opportunity to both parties to do so on 1/5/2023.