NEW INDIA ASSURANCE CO LTD Vs. KISHAN BHAI

JUDGEMENT

(1.) This revision is directed against the order passed by the Chhattisgarh State Consumer Disputes Redressal Commission in Appeal No. 1113 of 2003 dated 2-7-2004 confirming the order of the District Forum.

(2.) The brief facts of the case are : Kishan Bhai had a Truck No. MP 24C 2958. It was insured by the petitioner for a period from 3-2-1997 to 2-2-1998. The said truck met with an accident on 16-3-1997 near Devri Nagpur Road. Necessary intimation was given to the police as well as to the petitioner immediately. A claim of damages of Rs. 40,715.00 was preferred along with driving licence No. 18/ 109 purportedly issued by the Licensing Authority, Always supported with an affidavit. The claim was repudiated by the insurer on 12-5-1998 as it was alleged that the driver Abdul Vasim did not possess a valid driving licence at the time of accident. Ultimately, when the claim was not settled a complaint was filed.

(3.) The petitioner/opposite party contested the matter on the ground that the driver Abdul Vasim did not possess valid driving licence as was found from the Licensing Authority, Alwar. It was further stated that on 27-3-1988, it being a Sunday, the licence could not have been issued by the Licensing Authority, Gondia. But, there was no confirmation about it.