LAWS(NCD)-2015-3-107

AMAN RANA Vs. NATIONAL INSURANCE CO. LTD.

Decided On March 19, 2015
Aman Rana Appellant
V/S
NATIONAL INSURANCE CO. LTD. Respondents

JUDGEMENT

(1.) This revision petition is directed against the order of Punjab State Consumer Disputes Redressal Commission, Chandigarh (in short, "State Commission") dated 5.4.2013 whereby State Commission allowed the appeal No.1006/2008 preferred by the respondent/insurance company, set aside the order of the District Forum and dismissed the complaint.

(2.) Briefly put facts relevant for the disposal of the revision petition are that the Car No.PB10BL-7398 belonging to the petitioner was insured with the respondent/insurance company. During the currency of the insurance, the car met with an accident while it was being driven by Rajiv Khera, brother-in-law of the petitioner/complainant. Consequently, the car suffered damage. Accident was reported to the insurance company. It is the case of the petitioner that the workshop raised a bill of Rs.3,91,265/- for repair of the car. The insurance claim of the petitioner, however, was repudiated on the ground that the subject vehicle at the time of accident was being driven by a person who was not authorized to drive the car. Feeling aggrieved by the repudiation, the petitioner filed a consumer complaint.

(3.) The consumer complaint was resisted by the insurance company on the ground that at the time of accident the driver of the car was not holding driving licence.