(Per: Justice Irshad Hussain, President) :

The appellant in this matter is the insurer. The order challenged dated 26.09.2006 was passed by the District Forum, Dehradun in consumer complaint No. 02/2003, whereby the insurer was directed to pay compensation of Rs. 34,750/- together with interest @ 8% p.a. within the stipulated period and to further pay sum of Rs. 1,500/- as litigation expenses to the complainant.

2. The matter pertain to accident of Auto Rickshaw (three wheeler) which was driven during the period of insurance on 07.03.2002 by the complainant. The claim preferred was repudiated on the ground that the complainant was not having a valid driving licence to driving a three wheeler, a public carrier vehicle at the time of the accident. The plea raised in defence before the District Forum was not accepted and complainant was awarded compensation on the basis of the surveyor’s report together with interest and litigation expenses.

3. The submissions of the learned counsel give rise to following points for determination of this appeal on merit:

(i) The complainant was not having a valid driving licence to drive a three wheeler, a public carrier vehicle at the time