D. K. Jain, J. - (1.) This appeal, by special leave, is directed against order dated 3rd April, 2002, passed by the National Consumer Disputes Redressal Commission at New Delhi (for short "the National Commission"), whereby the Revision Petition filed by the appellant - The New India Assurance Company Ltd., has been dismissed and order passed by the District Consumer Redressal Forum, Betul (for short "the District Forum"), directing payment of compensation to the respondent (hereinafter referred to as "the claimant") as affirmed by the Madhya Pradesh State Consumer Disputes Redressal Commission at Bhopal (for short "the State Commission") has been upheld.
(2.) Briefly stated, the material facts giving rise to the appeal are : On 31st May, 1991 the claimant, the sole respondent in this appeal, obtained from the appellant, a comprehensive insurance policy in respect of his Maruti Saloon 800 car. The policy was valid from 31st May, 1991 to 30th May, 1992. Unfortunately, on 29th February, 1992, the insured vehicle met with an accident resulting in the death of the driver and extensive damage to the car. On 3rd March, 1992, the claimant lodged a claim of Rs. 1,00,000/- with the appellant for total loss of the vehicle.
(3.) The appellant appointed a surveyor to assess the damage caused to the car. On the recommendation of the surveyor, the driving licence of the deceased driver was got verified from the office of the Regional Transport Authority (Licensing), Bhopal. The certificate issued by the said authority showed that the driving licence of the deceased driver was valid from 26th October, 1988 to 25th October, 1991 and then from 23rd March, 1992 to 22nd March, 1995. On receipt of the said verification report, the appellant repudiated the claim of the claimant on the ground that the driver of the vehicle was not holding an effective driving licence at the time of accident as his licence was valid only up to 25th October, 1991, which had been renewed by the licensing authority only with effect from 23rd March, 1992 whereas the accident took place on 29th February, 1992.;