- (1.) THIS appeal is directed against order dated 26.7.2011, passed by District Consumer Disputes Redressal Forum, Surguja Ambikapur (hereinafter called 'District. Forum" for short) in complaint case No. 172/2009. whereby the complaint of the appellant herein has been dismissed on the ground that the allegation of deficiency in service on the part of the insurer, has not been proved.
(2.) IN nutshell the facts of the case are that the vehicle bearing No.CG -15A -8190, of the registered ownership of the appellant, was insured by the respondent/insurance company under comprehensive insurance policy as a goods carrying commercial transport vehicle. The said vehicle suffered damages in a road accident on 1.6.68. Claim was preferred by the appellant before the insurance company, which was repudiated by the insurance company on the ground that the driver of the vehicle was not having valid and effective driving licence. Thus repudiation of claim was alleged as deficiency in service on the part of the insurance company and so consumer complaint was filed for seeking compensation of Rs.2,53,758 from the insurer.
(3.) LEARNED District Forum agreed with the defence taken by the insurance company and dismissed the complaint. The only question for consideration, before us, at to who was driving the vehicle at the relevant time, whether he was having valid and effective licence and as to whether the insurance company is liable to pay compensation to the appellant.;