1.The petitioner in O.P. No. 75/94 on the file of the District Consumer Disputes Redressal Forum, Tiruchirapalli, hereinafter called 'the District Forum', is the revision petitioner.

2. The petitioner had filed a claim petition before the District Forum for the recovery of a sum of Rs. 1,20,439.50, against the Insurance Company / respondent, for the damages to his vehicle, sustained in the accident, which took place on 29-9-1993, on the ground that the Insurance Company had not performed its obligation, whereas it had committed deficiency in service.

3. The respondent / Insurance Company opposed the application contending, that on the date of the accident, the petitioner did not possess a valid and effective driving license, to drive the Tourist Taxi and in this view, they are entitled to repudiate the claim of the petitioner.

4. The District Forum, considering the rival claim of the parties, as well as the position of the law, took the view that the rejection of the claim by the Insurance Company, solely on the ground of not possessing an effective valid driving license by the driver, cannot be justified in law and on facts. In this view, the District Forum had directed the responden