LAWS(NCD)-2018-3-57

NATIONAL INSURANCE CO LTD Vs. OM PRAKASH

Decided On March 28, 2018
NATIONAL INSURANCE CO LTD Appellant
V/S
OM PRAKASH Respondents

JUDGEMENT

(1.) The present revision petition has been filed against the judgment dated 02.05.2016 of the Delhi State Consumer Disputes Redressal Commission, Delhi ('the State Commission') in First Appeal no. 142 of 2009.

(2.) The facts of the case as per the respondent/ complainant are that the respondent's car no. DL 1 R 2529 was got insured from the petitioner/ opposite party/ insurance company for the period 03.11.2001 to 02.11.2002. On 28.10.2001, the vehicle met with an accident. The vehicle was being driven by Shri Mahavir Singh. He had a valid driving licence up to 19 March 2018. A th report was lodged with the police and the petitioner was informed. The vehicle was got repaired and the respondent claimed the cost of repair at Rs.64,860.12 paise. The same was rejected by the petitioner. Hence, the respondent has prayed for the following reliefs:

(3.) The petitioner/ Opposite party/ insurance company in their written statement stated that it had appointed a surveyor who had estimated the loss at Rs.22,247.75. As the driver was not holding a valid driving licence to drive a commercial vehicle he was not authorised to drive a taxi.