D.Y.CHANDRACHUD, HEMANT GUPTA
M. S. Bhati – Appellant
Versus
National Insurance Company Ltd – Respondent
ORDER :
1. Leave granted.
2. This appeal has arisen from a judgment of the National Consumer Disputes Redressal Commission(“NCDRC”) dated 25 October 2018 reversing a decision of the State Consumer Disputes Redressal Commission(“SCDRC”). The NCDRC restored the decision of the District Consumer Disputes Redressal Forum(“District Forum”) to reject the consumer complaint filed by the appellant.
3. The vehicle, a Mahindra Jeep bearing Registration No. RJ 17 TA 0010, met with an accident at 3 p.m. on 11 April 2008. As a result of the accident, the driver and eight persons died and three persons were injured.
4. The First Information Report in regard to the accident being FIR No 35/2008 was lodged at PS Rampur, District Jhalawar(Rajasthan).
5. The vehicle had been insured on 18 April 2007 with the respondent for a sum of Rs 2,70,084. The claim under the insurance policy was repudiated by the insurer. This led to the filing of a consumer complaint.
6. The District Forum by its order dated 5 February 2013 rejected the complaint on the ground that while the accident took place at 2.10 pm on 11 April 2008, the driving license of the deceased driver appears to have been renewed at 2.42 pm on 11 Apri
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