ST XAVIERS SCHOOL Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) The complainant owned a Bolero Utility vehicle bearing NO.UA-04C-9228 which it had got insured with the respondent for the period from 16.3.2007 to 15.3.2008. The said vehicle met with an accident on 31.8.2007. On intimation being given to the respondent, a surveyor was appointed to assess the loss to the complainant. The claim having not been paid, the petitioner approached the concerned District Forum by way of a consumer complaint.

(2.) The complaint was resisted by the respondent which interalia stated in its written version that the vehicle was being driven by one Rajendra Prasad who was not authorized to drive the vehicle on hilly route on the date the accident took place. The endorsement on his driving licence authorizing him to drive the vehicle on a hilly route was made only on 10.10.2007, more than one month after the accident.

(3.) The District Forum having allowed the consumer complaint, the respondent approached the concerned State Commission by way of an appeal. Vide impugned order dated 22.8.2017, the State Commission allowed the appeal and consequently dismissed the complaint. Being aggrieved from the order passed by the State Commission, the petitioner is before this Commission by way of this revision petition.