S.C.VYAS, V.K.PATIL
Ram Kumar Sinha – Appellant
Versus
National Insurance Co. Ltd. – Respondent
S.C. Vyas, President —This is an appeal preferred under Section 15 of Consumer Protection Act, 1986 challenging the order passed by District Consumer Disputes Redressal Forum, Raipur (hereinafter called “District Forum” for short) in complaint case. No.405/06 on 11.06.08, whereby the complaint of the appellant for compensation of damages, as per insurance contract, on account of accident of his vehicle has been dismissed, holding that the driver of the vehicle was not having valid driving licence at the relevant time.
2. In nutshell, the facts of the case are that the appellant/complainant is the owner of Swaraj Mazda vehicle No.C.G.04/G-4072, which was insured by the respondent for a period commencing from 23.08.05 to 22.08.06. On 30.03.06 the vehicle met a road accident on account of failure of steering wheel. Information of the accident was given to the respondent insurance company then a surveyor was appointed by the insurance company, who assessed the loss to the tune of Rs.l,56,398/- but in spite of this report, the claim of the complainant was repudiated by the insurance company on the ground that the driver was not holding valid licence on the date of accident. Appella
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