NATIONAL INSURANCE CO LTD Vs. RAMESH KUMAR

JUDGEMENT

(1.) This Revision Petition is filed against the judgment and order dated 18.8.1998 passed by the Himachal Pradesh State Consumer Disputes Redressal Commission, Shimla, in Appeal No. 14 of 1997. By the impugned judgment the State Commission confirmed the order of the District Forum dated 9th December, 1996, whereby the Insurance Company was directed to pay to the complainant a sum of Rs. 1,40,000 along with interest at the rate of 12% p.a. from the date of filing of complaint i.e. from 14.12.1995 till the date of payment and costs of Rs. 1,000.

(2.) It is the contention of the complainant (respondent) that he was the owner of the vehicle, Swaraj Mazda, which was insured with the petitioner, Insurance Company, for a sum of Rs. 2 lakh. Due to accident on 7.1.1994 the vehicle suffered heavy damage. The claim was repudiated by the Insurance Company on 16.2.1995. Hence, the complaint before the District Forum. The grounds taken for repudiation were that (i) driver of the vehicle, Shri Rohit Kumar Walia, was not having a valid driving licence, as he was having only a learner's licence at the time of accident; and (ii) there were four unauthorised passengers in the vehicle during the accident. However, this contention was not pressed before the State Commission.

(3.) Therefore, the only question which requires consideration in this Revision Petition is whether a driver having learner's licence can be regarded as 'authorised driver' having valid driving licence.