UNITED INDIA INSURANCE CO. LTD. Vs. VIVEK KUMAR

JUDGEMENT

(1.) WHEN hearing in this case commenced, Mr. Chandel learned Counsel for the appellant -Insurance Company forcefully urged, that on the facts of this case, order of District Forum Mandi, in Consumer Complaint No. 54/2008, dated 29.3.2008 cannot be sustained. As according to him from the facts on the complaint file what is made out is, that the respondent had two driving licences at the time of accident. One having been issued by the Licensing Authority, Phagwara, Punjab and the other having been issued by the Competent Authority at Sundernagar, District Mandi, HP. Present case being of injury sustained by the owner -cum -driver of the vehicle in the accident in question, therefore, unless it was established by cogent and reliable evidence, that the driver was holding a valid and effective driving licence, no amount could be claimed by the injued. Vehicle involved in the accident being a transport vehicle, driver should possess valid licence to drive the same. As such the impugned order deserves to be set aside and consequently complaint dismissed.

(2.) GREAT emphasis was laid by Mr. Chandel in support of this submission on Annexure C -6, the copy of the repudiation letter, as well as on the verification report of Sh. R.P. Bhasin and Co., Surveyors/Assessors. Licence purported to have been issued by the Licensing Authority of Phagwara, Punjab was got verified by one Sh. R.P. Bhasin who vide his letter dated 28.3.2007, informed the DO Mandi, through Branch Office Phagwara of the appellant, that during verification he was verbally informed by the concerned officer, that licence is not as per office record and is not a genuine one copy of this letter is at page 39 of the complaint file.

(3.) ANOTHER fact that needs to be noted here is, that at the time of accident respondent was not driving the vehicle. What is its effect we shall deal with it later on. Further admitted facts between the parties are, that driving licence was issued in the first instance by the Licensing Authority at Sundernagar which was valid between 31.7.2000 to 30.7.2003, this was got renewed on 3.8.2007 and was valid upto 2.8.2010. Photostat copy of the renewed licence produced is Annexure C -5, it is genuine and in this behalf document is at page 46. Report of Engineer Bhupinder Singh read with the certificate issued under the seal and stamp of Licensing Authority, Sundernagar dated 18/3 clearly establishes this fact.