Mr. S.K. Dubey, President—This appeal is directed against the order dated 27.11.2002 passed in Case No. 36/97 by the District Consumer Disputes Redressal Forum, Guna (for short the ‘District Forum’) whereby the complaint for deficiency in service in not making the payment of own damage claim of passenger bus bearing registration No. MP-08 A-2815 comprehensively insured for the period 13.5.1995 to 12.5.1996 met with an accident on 6.8.1995 was allowed holding that the driver who was driving the vehicle at the time of accident was not holding a valid driving licence which was renewed from the Licensing Authority, Gwalior while the original licence No. A/7548/84 said to have been issued by the RTO, Alwar was not issued and was a fake licence, hence, directed the Insurance Company to treat the claim as non-standard claim and to pay 75% of the payable amount of Rs. 37,077/- as assessed by the Surveyor which comes to Rs. 27,807/- with interest thereon at the rate of 9% from 27.6.1997 alongwith Rs. 500/- as costs of the proceedings.

2. The only question arises for our consideration is whether the original driving licence admittedly having been found fake the owner of the vehicle who e