ILC-2011-SC-MAC-Mar-2
Mrs. Rubi (Chandra) Dutta Vs. M/s. United India Insurance Co. Ltd.
The Consumer Protection Act,1986 - Vehicle Insurance
Vehicle insurance - Repudiation of claim - Insured bus met with an accident - Suffered extensive damage - Claim lodged - Not settled - Complaint filed - Lower forum allowed claim - National Commission - Set aside and quashed - Orders passed by District Forum and State Commission - Concluded - Driver at relevant point of time - Not holding valid driving licence - Appeal - Copy of Duplicate Licence issued by Licensing Authority, Murshidabad in the name of driver of bus - Issued only after "verification from original" - Eeven if original application not available but since duplicate licence was issued by - Same licensing Authority, Murshidabad - Cannot be challenged that original licence was fake, forged, manufactured or engineered document - At relevant point of time driver was holding a valid driving licence to drive the bus - Impugned order - National Commission set aside - Directed to pay Rs. 2,72,517/- with interest at rate of 9% per annum - Appeal allowed.
Hon'ble Mr. Justice Dalveer Bhandari , Hon'ble Mr. Justice Deepak Verma ,
Sanjay Kumar Ghosh and Mrs. Rupalis. Ghosh (for Avijit Bhattacharjee), Advocates
P.R. Sekka (for P.N. Puri), Advocate
Topic(s)-Motor Accident Claim , Repudiation of claim , Vehicle insurance
Important Decision(s)- Duplicate licence issued by same licensing Authority cannot be challenged that original licence was fake.
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