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1 - 10 of 11 (0.70 seconds)Jai Parkash Goyal vs The United India Insurance Co. Ltd. on 11 March, 2010
In Jai Prakash Goyal vs. United India Insurance Company Ltd.
(Supra), Hon'ble National Commission "Driving licence - Validity of -
driving vehicle at accident time holding two licences - Holding of two
licences prohibited under law - First licence submitted on record found
fake - Second licence invalid for all practical purposes - Vehicle
overloaded at accident time - Driver holding two licences within
knowledge of petitioner - Violation of policy conditions and provisions
of law proved - Insurance Company not liable to indemnify the loss."
M/S Premier Shield Pvt Ltd vs Tata Aig General Insurance Co. Ltd on 8 December, 2014
In Premier Shield Pvt. Ltd. vs. Tata AIG General Insurance
Company Ltd. (Supra), Hon'ble National Commission observed that
"Driver employed by petitioner was having two driving licences at
relevant time. Offence committed under Motor Vehicles Act, 1988.
Driving licence not valid and effective." In para 14, it has further been
observed that "It is an admitted fact, that the driver employed by the
petitioner was having two driving licences at the relevant time. We fail
to understand as to how a person can have two different driving licences
issued by two different transport authorities at one time".
Smt. Seema Garg vs The Oriental Insurance Company Ltd., on 15 January, 2014
8. Shri P.K. Paul, learned counsel appearing for the respondent
(O.P.) has argued that the impugned order passed by the learned District
Forum, is just and proper and does not call for any interference by this
Commission. He further argued that the driver Minesh Kumar was not
having valid and effective driving licence to drive the vehicle in question
which is light goods vehicle. He further argued that according to the
appellant (complainant) the driver Minesh Kumar was having two
driving licences at the relevant time, therefore, driver Minesh Kumar
committed offence under Motor Vehicles Act, 1988 and he was not
having valid and effective driving licence, therefore, the respondent
(O.P.) has rightly repudiated the claim of the appellant (complainant).
The impugned order passed by the learned District Forum, is reasonable
and does not call for any interference by this Commission. He further
argued that if a fake licence is renewed, it will still remain fake. He
placed reliance on judgment of Hon'ble National Commission in the
case of Premier Shield Pvt. Ltd. Vs. Tata AIG General Insurance
Company Ltd., IV (2014) CPJ 325 (NC); Jai Prakash Goyal vs United
India Insurance Co. Ltd, II (2010) CPJ 183 (NC); Reliance General
Insurance Co. Ld. Vs. Shivakumara S. II (2014) CPJ 57 (NC); National
Insurance Company Ltd. Vs. Sanjeev Kumar; IV (2013) CPJ 1 (NC);
Seema Garg vs. Oriental Insurance Company Ltd. II (2014) CPJ 5 (NC);
Vimla & Anr. Vs. Aadil Khan, IV (2013) CPJ 97 (NC); Sandeep Kumar
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vs. Iffco Tokio General Insurance Company Ltd. & Anr., II (2014) CPJ
505 (NC).
Oriental Insurance Co. Limited vs Prithvi Raj on 24 January, 2008
In Oriental Insurance Co. Ltd. vs. Prithvi Raj, I (2008) CPJ 33
(SC), Hon'ble Supreme Court has observed thus :-
Anil Kumar Gupta Son Of Late Sri Om ... vs The Oriental Insurance Company ... on 7 July, 2006
13 In Sanjay Kumar Gupta vs. Divisional Manager, Oriental
Insurance Co. Ltd. and Anr. 2008 (4) CPR 160, this Commission has
observed that when Driving licence of driver of vehicle was found fake -
Repudiation of claim did not constitute any deficiency-in-service.
M/S. United India Insurance Co. Ltd vs Davinder Singh on 12 October, 2007
In United India Insurance Company Ltd. vs. Davinder Singh,
2008 ACJ 1, Hon'ble Supreme Court has observed that "Driving licence
The Consumer Protection Act, 1986
Consumer Protection Act, 2019
Reliance General Insurance Co. Ltd. vs Shivakumara S on 7 March, 2014
8. Shri P.K. Paul, learned counsel appearing for the respondent
(O.P.) has argued that the impugned order passed by the learned District
Forum, is just and proper and does not call for any interference by this
Commission. He further argued that the driver Minesh Kumar was not
having valid and effective driving licence to drive the vehicle in question
which is light goods vehicle. He further argued that according to the
appellant (complainant) the driver Minesh Kumar was having two
driving licences at the relevant time, therefore, driver Minesh Kumar
committed offence under Motor Vehicles Act, 1988 and he was not
having valid and effective driving licence, therefore, the respondent
(O.P.) has rightly repudiated the claim of the appellant (complainant).
The impugned order passed by the learned District Forum, is reasonable
and does not call for any interference by this Commission. He further
argued that if a fake licence is renewed, it will still remain fake. He
placed reliance on judgment of Hon'ble National Commission in the
case of Premier Shield Pvt. Ltd. Vs. Tata AIG General Insurance
Company Ltd., IV (2014) CPJ 325 (NC); Jai Prakash Goyal vs United
India Insurance Co. Ltd, II (2010) CPJ 183 (NC); Reliance General
Insurance Co. Ld. Vs. Shivakumara S. II (2014) CPJ 57 (NC); National
Insurance Company Ltd. Vs. Sanjeev Kumar; IV (2013) CPJ 1 (NC);
Seema Garg vs. Oriental Insurance Company Ltd. II (2014) CPJ 5 (NC);
Vimla & Anr. Vs. Aadil Khan, IV (2013) CPJ 97 (NC); Sandeep Kumar
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vs. Iffco Tokio General Insurance Company Ltd. & Anr., II (2014) CPJ
505 (NC).