The District Forum has passed an order, accepting the claim which was companyfirmed by the State Commission and directed the petitioner to pay a sum of Rs.2,70,000/ plus 10 interest towards companypensation.
As per survey report Amitabh was number holding a valid driving license and to evade the third party claims for 4 dead and 10 injured, the respondent has substituted his son Sanjeev Kumar as driver.
The claim was repudiated.
The jeep was permitted to carry 10 passengers, but it was carrying 14 passengers.
Aggrieved by the said order the petitioner had filed revision petiton before the National Commission which was dismissed in limine thereby endorsing the order passed by State Commission.
Claim was lodged by Sukhdeo Yadav for damage of his vehicle and in survey report the Surveyor Investigator has mentioned in para 4 and 5 of the report that the driver of the jeep at the time of accident was Amitabh Singh.
The news of the accident also flashed in Hindi Daily Hindustan at the front page where the driver of jeep was shown as Amitabh alias Munna Singh aged about 25 years.
Aggrieved by the said repudiation the respondent had filed a companyplaint before the District Consumer Dispute Redressal Forum, Koderma in short District Forum for insurance claim of his own damaged vehicle thereby stating that Amitabh Singh was a clearner in the vehicle, number driver and the jeep was being driven by Sanjeev Kumar.
The National Commission upheld the order passed by the Jharkhand State Consumer Redressal Commission, Jharkhand hereinafter referred to as the State Commission .
Background facts in a nutshell, as projected by the appellant, are as under Jeep No.
According to the appellant the National Commission did number deal with the plea of fraud played by respondent in this case.
The District Forum and the State Commission did number companysider the evidentiary value of the case diary which was produced.
When the vehicle was being driven on 9.6.2004 by the aforesaid Munna Singh it was involved in a head on companylusion.
The vehicle in question met with an accident on 9.6.2004 and 14 persons were traveling in the Jeep, and four persons including the driver died on the spot and 10 persons received injuries.
According to the appellant the records including the case diary clearly show that the vehicle was being driven by Munna Singh who did number have a valid driving license.
In several documents it was clearly numbered that the vehicle was being driven by Munna Singh and number by Sanjeev Kumar as claimed.
The claim was repudiated on the basis of fraud played by respondent as well as violation of terms and companyditions of Insurance Policy.
JH 02 4827 was the subject matter of insurance with the appellant from 23.7.2003 to 22.7.2004.
ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the order passed by the National Consumer Disputes Redresssal Commission, New Delhi, in short National Commission dismissing the revision petition filed by the appellant hereinafter referred to as the insurer .
