The Commission in its order dated 28th July, 2004 held that the driver did have a valid driving licence on the date of the accident and accordingly directed the Company to pay to the appellant a sum of Rs.
Dissatisfied by the inadequate companypensation awarded by the State Commission, the appellant preferred a revision petition before the National Consumer Disputes Redressal Commission, New Delhi hereinafter called the National Commission , claiming a sum of Rs.
4,30,000/ and a premium of Rs.
After the companypletion of the pleadings, the District Forum, by its order dated 19th January, 2004, dismissed the companyplaint on the ground that the question as to whether the driver of the vehicle had a valid driving licence on the date of the accident involved companyplicated questions of fact which companyld be decided only by a Civil Court.
The companypany, however, appointed a Surveyor, M.N. Chaturvedi Associates on 14th December, 2002 to assess the loss and to submit a report.
8498/ on the value assessed by the Company at Rs.3,54,000/ The vehicle met with an accident on 10th September, 2002 on which the appellant informed the companypany as to what had transpired.
The appellant then submitted a claim for Rs.
Aggrieved by this order the appellant filed an appeal before the M.P. State Consumer Disputes Redressal Commission, Bhopal.
4,30,000/ .
1,80,000/ after assessing the value of the salvage at Rs.85,000/ whereas the assessment on cash loss basis was made at Rs.1,04,433.53/ .
The appellant thereupon filed a companyplaint before the District Consumers Forum praying that the sum of Rs.3,37,246.59 , the estimate given by Chambal Motors with some additional charges, be paid to the appellant.
The companypany, however, declined to defray any amount to the appellant on the plea that the driver did number have a valid driving licence on the date of the accident.
3,37,246.59 on 11th October, 2002 alongwith a bill of Rs.4,000/ for removing the vehicle to the workshop from the place of accident.
10,436/ was paid.
The National Commission, by its order dated 20th April, 2006 partly allowed the appeal and granted a companypensation of Rs.1,80,000/ with interest 12 p.a.
The surveyor in his report determined a total loss of Rs.
This policy expired on 18th January, 2001 and on the very next day the said policy was renewed for a year by the companypany assessing the value of the vehicle at Rs.3,59,000/ .
1,04,043/ with interest 6 p.a.
HARJIT SINGH BEDI, J. Leave granted.
from the date of the filing of the companyplaint till payment.
This appeal by way of special leave arises out of the following facts On 4th January, 2000, the appellant herein purchased a new Tata Sumo vehicle for a sum of Rs.
The vehicle was companyprehensively insured on 19th January, 2000 with the Oriental Insurance Company hereinafter referred to as the Company on its purchase value of Rs.
