ORIENTAL INSURANCE CO LTD Vs. RAJ NANDAN TIWARI

JUDGEMENT

(1.) MR . Abhishek Kumar, counsel for the revision petitioner / Oriental Insurance Co. Ltd. present and heard at length. No notice has so far been issued to the respondent/complainant.

(2.) REVISION petition has been filed against concurrent findings of fora below on the question whether licence held by the driver of the insured vehicle at the time of accident was a genuine licence or not. Learned counsel points out that both reports were forming part of fora below and are produced with the revision petition. One is report from the Regional Transport Authority, Cuttack dated 16 -03 -2007 and the other from the District Transport Officer, Patna dated 13 -04 -2007. The report of D.T.O, Patna shows that original driving license no. 8083/74 in the name of Shri Rajendra and issued by the Cuttack authority, was subsequently renewed by Patna authority on different occasions, the last being 14.10.2006. These renewals gave it validity till 13 -10 -2009. The report of RTO, Cuttack is also with reference to driving licence no. 8083/74, in the name of the same holder which, as per the authority, was not issued or renewed by it. In one part of this letter, driving licence number has been differently typed and hand corrected, which is commented upon in the impugned order.

(3.) THE District Forum has relied upon, interalia, the report of RTO, Patna and come to the conclusion that the license renewed by them, was valid until 13 -10 -2009. On the conflicting reports from two transport authorities, the State Commission has made very categorical observations as under: - -