SHANTILATA SAMAL Vs. NEW INDIA ASSURANCE CO. LTD.
LAWS(ORICDRC)-2007-3-1
ORISSA STATE CONSUMER DISPUTE REDRESSAL COMMISSION
Decided on March 13,2007

SHANTILATA SAMAL Appellant
VERSUS
NEW INDIA ASSURANCE CO. LTD. Respondents

JUDGEMENT

- (1.) MR . Justice R.K. Patra, President -Being felt aggrieved by the order of the District Forum dismissing her complaint, the complainant has filed this appeal.
(2.) THERE is no dispute that the appellant was the registered owner of a passenger bus bearing registration No. ORM -3761. It was comprehensively insured with the respondent -Insurance Company for a period of one year commencing from 8.8.2002. On 1.8.2003, the vehicle met with an accident and was damaged. When the appellant lodged claim with the respondent, it was repudiated on the ground that at the time of accident, the driver (Gagan Barik) had no valid and effective driving licence.
(3.) THE District Forum held that the original driving licence of the driver, on the basis of which renewal licence was issued was fake one and since a fake licence cannot validate the renewal licence, the repudiation of the claim was justified. It is submitted by Mr. Pattnaik, learned Counsel that the appellant had no scope or reason to doubt the validity of the licence possessed by her driver.;


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