National Insurance Co. Ltd VS. Tulna Devi & Ors

Supreme Court of India

Case Law No.648, Reporting JudgeP.P. Naolekar

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National Insurance Co. Ltd VS. Tulna Devi & Ors

The Judgement Information System CASE NO.: Appeal (civil) 648 of 2008

PETITIONER: Oriental Insurance Co. Limited RESPONDENT: Prithvi Raj DATE OF JUDGMENT: 24/01/2008

BENCH: Dr. ARIJIT PASAYAT & P. SATHASIVAM

JUDGMENT: J U D G M E N T (Arising out of S.L.P. (C) No.12607 of 2005)

DR. ARIJIT PASAYAT, J: 1. Heard learned counsel for the parties.

2. Leave granted.

3. Challenge in this appeal is to the order passed by the National Consumer Disputes Redressal Commission, New Delhi (in short `the Commission') allowing the First Appeal filed by the appellant before it (the respondent herein). He is hereinafter referred to as the complainant. Before the Himachal Pradesh State Consumer Disputes Redressal Commission (in short the State Commission), the complainant had filed a complaint alleging that a Mini Bus owned by the complainant met with an accident during the period when the Insurance Cover/policy issued by the appellant-Insurance Company was in currency. The incident was reported to the Insurance Company but the claim was not settled on the ground that the Driver of the offending vehicle did not have a valid and operating driving license. The complainant took the stand that there was a renewal of the driving license which was valid and legal and, therefore, the claim could not have been repudiated b...

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