LAWS(NCD)-2016-9-85

NATIONAL INSURANCE COMPANY LTD. THROUGH ITS DULY CONSTITUTED ATTORNEY, MANAGER, NATIONAL INSURANCE COMPANY LTD. LEGAL VERTICAL 2 E/9, JHANDEWALAN EXTENSION NEW DELHI Vs. SULAKSHNA DEVI D/O. SMT. MISSO DEVI, R/O. VILLAGE LAGOR, POST OFFICE GHAI LAGOR, TESIL NURPUR DISTRICT

Decided On September 23, 2016
National Insurance Company Ltd. Through Its Duly Constituted Attorney, Manager, National Insurance Company Ltd. Legal Vertical 2 E/9, Jhandewalan Extension New Delhi Appellant
V/S
Sulakshna Devi D/O. Smt. Misso Devi, R/O. Village Lagor, Post Office Ghai Lagor, Tesil Nurpur District Respondents

JUDGEMENT

(1.) Although, as per service report, service of notice on the Respondent is not complete but Mr. Shashi Bhushan, Advocate has put in appearance on behalf of the Respondent/Complainant.

(2.) At the outset, it is pointed out by Counsel appearing for the Respondent/Complainant that travelling and allied expenses as directed to be paid in terms of order dated 14.07.2016 have yet not been paid to the Complainant. Learned Counsel for the Petitioner, Insurance Company states that the same shall be remitted directly to the Complainant within two weeks.

(3.) The main grievance of the Petitioner/Insurance is that the State Commission has failed to take into consideration the scope and effect of Sec. 6 of the Motor Vehicle Act, 1988, which stipulates that no person shall hold more than one driving license at a particular time. According to the Learned Counsel, when the copy of the driving license filed with the Claim Petitioner was found to be fake, the Complainant produced another license, which, on enquiry was found to be genuine.