PURUSHOTTAM Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This revision is directed against the order of the Madhya Pradesh State Consumer Disputes Redressal Commission, Bhopal (in short, "the State Commission) dated 12.7.2016 in first appeal No.104/2013. The State Commission vide impugned order allowed the appeal preferred by the opposite party insurance company, set aside the order of the District Forum and dismissed the complaint.

(2.) Undisputed facts relevant for the disposal of this revision petition are that the complainant had purchased a comprehensive insurance policy related to car No.MP-20 CB-3973 from the opposite party. During the currency of the insurance policy the car met with an accident and suffered damages. The petitioner filed the insurance claim which was repudiated by the insurance company on the ground that the car at the relevant time was being driven by Raja Soni who was not having a valid driving license which amounted to violation of essential stipulation of the insurance contract. Case of the petitioner is that though Raja Soni was in the car at the time of accident but he was only a passenger and the car was being driven by the driver Parimal.

(3.) The District Forum on consideration of pleadings of the parties and the evidence allowed the complaint and directed the opposite party to Rs.2,53,605/- with 6.5% interest.