KUSUM GOYAL Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) Smt. Kusum Goyal wife of Sh. Krishan Kumar Goyal of Ambala Cantt. has come up in appeal against the order dated 22.4.1996 passed by the District Consumer Forum, Ambala, whereby her complaint alleging deficiency in service on the part of the New India Assurance Company has been dismissed on the ground that the Forum was unable to hold in the absence of the original driving licence that the driver was having a genuine, effective and valid driving licence at the time of accident.

(2.) Smt. Kusum Goyal, owner of Oil Tanker bearing registration No. HR-01-A 5447, approached the District Consumer Forum, Ambala, with the grievance that even though she had got her tanker insured with the Insurance Company for Rs.4,40,000/- for the period of one year commencing from 14.5.1992 to 13.5.-1993 against all risks, the Insurance Company did not pay the compensation for the damage done to the tanker in an accident despite the report of the Surveyor recommending a claim of Rs.1,12,128/-. The Insurance Company, in their reply, pleaded that as the complainant had failed to produce the driving licence of the driver Amarjit Singh, who was driving the vehicle at the time of accident, it was not possible for the Insurance Company to pay the necessary compensation. It was further pleaded that in fact the driver of the vehicle at the time of the alleged accident was not holding a valid and effective driving licence.

(3.) Before the District Consumer Forum, it was pleaded that as the driver Amarjit Singh had left the service of the complainant, it was not possible for her to produce the necessary driving licence. However, a photostat attested copy of the driving licence of the driver was produced before the District Forum and a copy thereof was also supplied to the opposite party. On the other hand, the Insurance Company pleaded that the fact that the complainant had produced the Photostat attested copy of the driving licence dated 8.6.1995, showed that the complainant did have access to the original driving licence. Considering the aforesaid circumstances, the learned District Consumer Forum dismissed the complaint.