The validity of the driver's licence at the time of the accident is crucial for determining the liability of the insurance company in a motor vehicle accident claim.

ORDER

R.K. Batta, Presiding Member - The car belonging to the complainant had met with an accident on 9.12.1997 in which the driver of the car Ishwar Garg and her husband died and the complainant as also her children suffered injuries. The car was damaged in the accident in respect of which, claim was filed with OP Insurance Company for Rs. 1,60,000. According to the complainant, the claim was not settled and, as such, she approached the District Forum seeking payment of Rs. 1,60,000 with interest as also a sum of Rs. 20,000 towards harassment, inconvenience and cost of Rs. 1500.

2. The District Forum found that the driving licence of the driver Ishwar Garg was valid from 16.9.1988 to 15.9.1993. The Counsel for the complainant had stated that application was given on 29.6.2000 to the Licensing Authority for issuing verification certificate with regard to the disputed licence, which shows that the driver had a valid driving licence at the time of accident. The District Forum allowed the claim to the tune of Rs. 1,59,275 with interest. This order was challenged by the Insurance Company before the State Commission.

3. The State Commission found that the driving licence of the driver Ishwar Garg was valid only upto 15.9.1993, whereas the accident took place on 19.12.1997. Counsel for the Insurance Company had submitted that the complainant did not furnish copy of the driving licence of driver Ishwar Garg to the Surveyor. Subsequently, a number of letters were written to the complainant to supply the driving licence, but the complainant reported that driving licence has probably lost in the accident. Counsel for the Insurance Company had relied upon general exceptions, particularly, relating to holding of effective driving licence by the driver at the time of accident. The State Commission held that driver Ishwar Singh did not have a valid driving licence on the date of accident since his licence had already expired on 15.9.1993 and the Insurance Company was not liable to pay the amount claimed. The appeal was allowed and the complaint was dismissed. This order has been challenged by the complainant/petitioner in revision.

4. We have heard Counsel appearing on both sides. Learned Counsel for the petitioner argued before us that the stand of the complainant is that the driver Ishwar Singh did have a valid driving licence and the complainant had seen and read the licence, but the complainant was not able to produce the said licence. When we asked Counsel for the petitioner as to which authority had issued the said licence, which was seen by the complainant, it was submitted that the complainant is not aware of the same. Learned Counsel for the petitioner further argued that the accident had occurred on account of fault of the other vehicle which had dashed with the car of the complainant and that no plea of contributory negligence has been taken by the Insurance Company. He, therefore, contends that the Insurance Company wrongly repudiated the claim as the driver Ishwar Singh was not in any manner responsible for the accident even if he did not hold a valid driving licence. In this connection, reliance was placed on the judgment of the Apex Court in the Case of Jitendra Kumar v. Oriental Insurance Co. Ltd. and Anr., JT 2003 (5) SC 538. However, at this stage we may point out that no such plea was ever taken by the complainant in the complaint and the argument advanced by the Counsel for the petitioner is bereft of pleadings.

5. Learned Counsel for the petitioner has also placed reliance on paras 64, 69 and 70 of the judgment of the Apex Court in National Insurance Co. Ltd. v. Swaran Singh and Ors., (2004) 3 SCC 297. In para 64, reference is made to the case of Jitendra Kumar v. Oriental Insurance Co. Ltd. and Anr. (supra) and it is stated that there may be a case where an accident takes place without there being fault on the part of the driver. In such an event, the question as to whether a driver was holding a valid licence or not would