1. Respondent-Hardeep Singh (complainant) is the owner of Bus No.JK02-E-4285. He got his Bus insured with the New India Assurance Co. Ltd. Divisional Office, Gandhi Nagar, Jammu, (hereinafter for short called the Insurance Company) for sum of Rs.5.50.000/- with effect from 17-04-1996 to 16-04-1997. The Bus met with an accident at Kalakot. District Rajouri on 06-01-1997 and the case to this effect was registered with Police Station, Kalakot. Thereafter respondent-Hardeep Singh put up his claim with the Insurance Company. The Surveyor assessed the damages. Petitioner-Insurance Company did not settle the claim of the respondent-Hardeep Singh on the plea that the Driving Licence of the Driver of the offending Bus was not valid.

2. However, respondent-Hardeep Singh (complainant) filed a complaint before the learned Divisional Forum, Jammu, under section 10 of the Jammu & Kashmir Consumers Protection Act, 1987 (for short hereinafter called the Act). Therein the claimant prayed that he be paid Rs.40,000/- as loss/damages occurred to him with interest @ 25% and compensation of Rs.8,000/- for suffering, pains, mental agony and cost of litigation.

3. The learned Divisional Forum Jammu, after r

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