Supreme Court Disapproves Insurance Company’s Insistence On Producing Driving License Which Was Burnt In Accident

IN THE SUPREME COURT OF INDIA

 

CIVIL APPELLATE JURISDICTION

 

CIVIL APPEAL NO. 7694 OF 2013

 

THE ORIENTAL INSURANCE COMPANY LTD.                                                                   Appellant(s)

 

VERSUS

 

  1. NARASIMHA REDDY                                                                                                        Respondent(s)

 

O R D E R

 

We have heard the learned counsel appearing for the respective parties. From the material on record, it emerges that the Insurance Company repudiated the claim on the ground that the Driving Licence was not produced. However, it is required to be noted that there are concurrent findings and even the Surveyor’s Report also suggests that the Driving Licence was burnt in the accident. Still, the Insurance Company insisted for producing the document, which was beyond the control of the insured. In the above facts and circumstances of the case, we find that no error has been committed by the District Forum as well as by the National Consumer Disputes Redressal Commission [in short, “NCDRC”] in allowing the claim. We see no reason to interfere with the impugned order passed by the NCDRC. The civil appeal is, accordingly, dismissed. 2 Pending interlocutory application(s), if any, is/are disposed of.

 

…………………..J. [ M. R. SHAH ]

…………………..J. [ ANIRUDDHA BOSE ]

New Delhi;

 

JUNE 09, 2022.

 

COURT NO.2

 

SECTION XVII-A

S U P R E M E C O U R T O F I N D I A

 

RECORD OF PROCEEDINGS

 

Civil Appeal No(s). 7694/2013

 

THE ORIENTAL INSURANCE COMPANY LTD.                                                                   Appellant(s)

VERSUS

  1. NARASIMHA REDDY                                                                                                       Respondent(s)

 

Date : 09-06-2022

 

This appeal was called on for hearing today.

 

CORAM : HON’BLE MR. JUSTICE M.R. SHAH HON’BLE MR. JUSTICE ANIRUDDHA BOSE (VACATION BENCH)

 

For Appellant(s) Mr. Mohan Babu Agarwal, Adv. Ms. Celeste Agarwal, Adv. Ms. Akanksha Agarwal, Adv. Mr. Rameshwar Prasad Goyal, AOR

For Respondent(s) Mr. V. Sridhar Reddy, Adv. Mr. V. N. Raghupathy, AOR

 

UPON hearing the counsel the Court made the following

 

O R D E R The Civil Appeal is dismissed in terms of the signed order. Pending interlocutory application(s), if any, is/are disposed of.

 

(JAYANT KUMAR ARORA) (NISHA TRIPATHI)

ASST. REGISTRAR-CUM-PS ASSISTANT REGISTRAR

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