NATIONAL INSURANCE CO. LTD. Vs. SUSHIL JAIN

JUDGEMENT

(1.) THE factual matrix of this case in brief are that the complainant who is respondent herein had got his car insured with the petitioner Insurance Co. which was OP before the District Forum. During the period of cover, the car met with an accident on 13.6.2003 and as per the allegation, it was a case of total loss. The car at the time of the accident was driven by one Rajesh Jindal. The claim filed by the respondent with the petitioner Co. was repudiated on the ground that on the day the accident took place, the driver who was driving the car did not hold a valid and effective driving licence. It was stated that the driving licence which was held by the driver had expired on 30.3.2003 and was got renewed after the accident on 30.6.2003. According to the Insurance Co., the driver of the vehicle did not hold any driving licence on the date of accident, much less a valid licence and as such it was well within its rights to repudiate the claim. Repudiation of the claim of the respondent led to the filing of a consumer complaint by him before the District Forum which vide its order dated 21.9.2006 allowed the complaint in terms of the following order: - -

(2.) AGGRIEVED of the aforesaid order of the District Forum, the petitioner Insurance Co. filed an appeal bearing No. 1404 of 2006 before the Punjab State Consumer Disputes Redressal Commission, Chandigarh which by its impugned order dated 20.11.2006 dismissed the appeal and confirmed the order of the District Forum. The present revision petition has now been filed by the petitioner Co. challenging the impugned order passed by the State Commission.

(3.) ON the other hand, learned counsel for the respondent supported the impugned order and submitted that both the fora below have accepted the claim of the respondent and considering their concurrent findings, there is no case for allowing the present revision petition. She has placed reliance on the judgements in the cases of Ramesh Chand alias Ramesh Kumar & Anr. v. United India Insurance Co. Ltd. &Ors. [Punjab and Haryana High Court judgement in : 1997 ACJ 1331]; Oriental Insurance Co. Ltd. v. Mohammed Sab Ali Sab Kaladagi & Ors. [Karnataka High Court in : 2000 ACJ 1223] and K.g. Srinivasamurthy v. Habib Khathun & Ors. [Karnataka High Court in, 2002 (2) TAC 767]. She, therefore, submitted that concurrent orders of the fora below be maintained and the revision petition dismissed.