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SAROJ YADAV
National Insurance Co. Ltd. – Appellant
Versus
Valmik Ramesh Patil – Respondent
ORDER
The present Revision Petition has been filed under Section 58(1)(b) of the Consumer Protection Act, 2019 by the petitioner/opposite party being aggrieved of the order dated 20.08.2025, passed by the learned Maharashtra State Consumer Disputes Redressal Commission, Bench at Nashik (for short the ‘State Commission’) in First Appeal No. 960 of 2018, arising out of the Order dated 04.09.2018, passed by the learned District Consumer Disputes Redressal Forum, Jalgaon (for short the ‘District Forum) in Consumer Complaint No. 124 of 2017, against the concurrent findings given by both the foras below.
2. Heard the learned counsel for the petitioner.
3. The learned counsel for the petitioner has submitted that both the foras below have committed an error in ignoring the fact that the driver, who was driving the vehicle in question, did not possess a valid driving license on the date of accident i.e. 26.05.2016. The learned counsel for the petitioner relied upon the following two case laws:—
1. New India Assurance Co. Ltd. Vs. Suresh Chandra Aggarwal, 2009 ACJ 2697 dated 10.07.2009;
2. National Insurance Company Ltd. Vs. Girish & Ors. Revision Petition No.958 of 2020 decided on 07 J
(1) Sanctity of Concurrent Findings – When both the District Forum and the State Commission agree on a finding of fact (in this case, the validity of the document), the National Commission will not d....
Burden of Proof – The court cannot lay down any criteria as to how said burden would be discharged, inasmuch as the same would depend upon the facts and circumstance of each case.
Contract of Insurance - A contract of Insurance between the concerned parties is on the principle of “Uberrima fides” i.e. absolute good faith on part of both the contracting sides.
Learner License is a valid driving licence.
“Insurance Company cannot be absolved of the liability toward the insured on ground that the driver was not holding a valid licence unless the insurer proves that the insured was negligent.”
(1) Limited Scope of Revisional Jurisdiction – The NCDRC, under Section 21(b) of the 1986 Act (pari materia to Section 58(1)(b) of the 2019 Act), cannot act as a second court of appeal. It cannot int....
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