HEM RAJ Vs. UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) This revision petition is directed against the order of Himachal Pradesh State Consumer Disputes Redressal Commission, Shimla (in short, State Commission) dated 6.1.2014 in appeal No. 272 of 2013 whereby the State Commission while allowing the appeal, set aside the order of the District Forum and dismissed the complaint.

(2.) Briefly put facts relevant for the disposal of this revision petition are that the petitioner insured his vehicle No. HP-65-2964 with the respondent/opposite party w.e.f. 2.9.2011 to 1.9.2012. The said vehicle met with an accident on 5.11.2011 allegedly due to some mechanical defect and was damaged. The matter was reported to the police and the intimation was given to the Insurance Company. The Insurance Company, however, repudiated the insurance claim on the ground that the driver of the subject vehicle was not having a valid and effective driving licence. Being aggrieved of repudiation of the claim, the petitioner raised a consumer dispute before the District Forum, Mandi, H.P.

(3.) The District Forum on consideration of pleadings of the parties and the evidence, came to the conclusion that the driving licence of the concerned driver was fake but allowed the complaint on the ground that the insured owner of the vehicle could not have any means to know that the driving licence produced by the driver was fake and that the owner was not supposed to verify the authenticity of the driving licence from the Transport Authority before employing the driver. The District Forum, thus, directed the respondent/opposite party as under: