K.M.JOSEPH, J. - (1.) Leave granted.
(2.) An accident, which took place on 22.11.2007 involving a car (a Porsche) belonging to the respondent-Company, which was insured with the appellant, has resulted in this appeal against the Order by the National Consumer Disputes Redressal Commission (NCDRC for short) . The car was completely damaged. The appellant repudiated the claim by the respondent. The question which arises in this Appeal is, whether the NCDRC is correct in holding that the appellant is not entitled to invoke the shield of Clause (2c) of the Contract of Insurance, under which, it was not liable, if the person driving the vehicle, was under the influence of intoxicating liquor, or drugs. The State Commission rejected the complaint of the respondent finding that there was evidence to show that the person who drove the vehicle, had consumed liquor and was under the influence of liquor. The NCDRC, by the impugned Order, on the other hand, found that there was no material to establish that the driver of the vehicle was under the influence of intoxicating liquor within the meaning of the Exclusion Clause, as aforesaid.
(3.) The Clause in controversy reads as follows: " (2) The Company shall not be liable to make any payment in respect of: (a) xxx xxx xxx (b) xxx xxx xxx (c) any accidental loss or damage suffered whilst the insured or any person driving the vehicle with the knowledge and consent of the insured is under the influence of intoxicating liquor or drugs." ;