National Consumer Disputes Redressal
M/S. Compaq International vs Bajaj Allianz General Insurance Co. ... on 25 January, 2016
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVIEW APPLICATION NO. 12 OF 2016 IN RP/1200/2010 1. M/S. COMPAQ INTERNATIONAL ...........Appellants(s) Versus 1. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. & ANR. ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE AJIT BHARIHOKE, PRESIDING MEMBER HON'BLE MRS. REKHA GUPTA, MEMBER For the Appellant : For the Respondent :
Dated : 25 Jan 2016 ORDER REVIEW APPLICATION NO. 12 OF 2016
By this application, petitioner complainant is seeking review of the order dated 19.10.2015 vide which revision petition preferred by the petitioner was dismissed. It is alleged in the application that revision petition was dismissed by the National Commission observing that as per the report of the Licensing Authority Jagadhri, license No. 2827 of 1997 was issued in favour of Nirmal Singh s/o Mohan Singh who was driver of the subject vehicle at the time of accident and the said license was valid w.e.f. 27.02.1998 to 26.02.2003. It is contended that this Commission observed that no evidence of renewal of driving license after 26.02.2003 or issue of new driving license in favour of the petitioner was proved by the petitioner.
It is alleged in the application that on inquiry petitioner had come to know that driving license of the aforesaid driver Nirmal Singh was renewed on 17.05.2011 till 16.05.2016 and from this it is clear that at the time of accident, the said driver was holding a valid driving license and as such dismissal of the complaint was not justified.
We do not find merit in the above plea for the reason that subject accident took place on 12.11.2005. Therefore, in order to succeed in his complaint, the petitioner complainant was required to establish that driver of the insured vehicle, namely, Nirmal Singh, was holding valid driving license at the time of accident. The renewed license valid w.e.f. 17.05.2011 to 16.05.2016 is, therefore, of no avail to the petitioner in absence of any evidence to the effect that on the date of accident, said driver was holding valid driving license. Thus, we do not find any error apparent on the face of the record which may justify the review of the impugned order. Review Application is, therefore, dismissed.
......................J AJIT BHARIHOKE PRESIDING MEMBER ...................... REKHA GUPTA MEMBER