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2011 Supreme(J&K) 30

MOHAMMAD YAQOOB MIR
National Insurance Co. Ltd. – Appellant
Versus
Gh. Rasool Baba & Ors. – Respondent


Advocates Appeared:
Mr.J.A.Kawoosa for the Petitioner., Mr.Muzaffar Ahmad Bakal (for Respondent-1) None for R-2 & 3.

1. Quashment of the order dated 23.3.2006 passed by Divisional Consumers Protection Forum, Srinagar and the order dated 5.8.2009 passed by J & K State Consumer Disputes Redressal Commission, Srinagar, is sought.

2. The short and only contention of the petitioner is that the petitioner is not liable to pay any compensation to the damage as caused to the vehicle (Scorpio) in the accident as occurred on 29.9.2003 because the driver, at the time of accident, did not possess valid and effective driving license and it is on the same basis claim of the complainant (respondent No. 1) was repudiated by the petitioner on 28.4.2004. The driver at the time of accident was having driving license authorizing him to drive heavy goods vehicle when the vehicle (Scorpio) is a light motor vehicle, so driver was not authorized to drive light motor vehicle.

3. In support of his contention, learned counsel for the petitioner has placed reliance on the judgment reported in (2006) 4 SCC 250, judgment rendered by Coordinate Bench in CIMA No. 24/2009 dated 13.5.2010 in the case titled National Insurance Co. Ltd. v. Mohammad Ishaq Khanday & ors, AIR 2008 SC 2266 and AIR 2008 SC 2218.

4. In opposition learned co


























































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