NEW INDIA ASSURANCE COMPANY LTD Vs. AJAY KUMAR

JUDGEMENT

(1.) The complainant/respondent owned a vehicle which he had got insured with the petitioner. The said vehicle having met with an accident on 15.06.2011, while being driven by Devinder Singh, driver of the complainant, a claim was lodged with the petitioner for re-imbursement in terms of the insurance policy. The claim having not been paid, the complainant/respondent approached the concerned District Forum by way of a Consumer Complaint being CC No.03 of 2014 presented on 30.12.2013. The complaint was resisted by the insurer on the ground that the driver Devinder Singh was not holding a valid and effective Driving License at the time the vehicle met with an accident. It was submitted in the reply filed by the insurer that the complainant had provided a copy of the Driving License No. 32758/P purporting to be issued by the Licensing Authority, Hoshiarpur to Devinder Singh on 08.01.2002. On verification being made by the surveyor, it transpired that no such Driving License had been issued by the Licensing Authority, Hoshiarpur. Verbally, the complainant then took the stand that the license had been issued by the District Transport Officer, Patiala. On verification from District Transport Officer, Patiala, it transpired that even that had not issued the Driving License, which the complainant had produced before the insurer.

(2.) In his reply, the complainant took the stand that Driving License No.32758/P and 13040 were not handed over by him to the insurer and that Devinder Singh was holding Driving License No. 39882/PK/Prof/09 issued on 16.11.2009 by District Transport Officer, Phek, Nagaland. The District Forum, while dismissing the Consumer Complaint, directed the insurer to get the genuineness of Driving License No. 39882/PK/Prof/09 verified and re-consider the claim in case it was verified. The complaint was given liberty to approach the District Forum again.

(3.) The insurer having again not paid the claim, the complainant/respondent filed a fresh Consumer Complaint before the concerned District Forum. The second complaint was also resisted by the insurer. The District Forum, vide its order dated 26.07.2016, dismissed the second complaint as well.