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Supreme Court of India · body

2008 DIGILAW 1566 (SC)

National Insurance Co. Ltd. v. Gurucharan Singh

2008-09-16

B.N.AGRAWAL, G.S.SINGHVI

body2008
JUDGMENT : B.N. Agrawal, G.S. Singhvi, JJ. Leave granted. 2. Heard the learned Counsel for the appellant. 3. Nobody has appeared on behalf of the respondent to contest the prayer made in this appeal in spite of service of notice. 4. The District Consumer Disputes Redressal Forum (for short, 'District Forum') dismissed the complaint on the ground that the driving licence of Harbhajan Singh, who was driving the vehicle, was a forged one as would appear from the report sent by the concerned licensing authority. In view of this finding, the District Forum came to the conclusion that as there was no deficiency in service, the complaint petition was fit to be dismissed and the same was, accordingly, dismissed. Against the said order, when the matter was taken to the State Consumer Disputes Redressal Commission (for short 'State Commission') in appeal, the order has been reversed by placing reliance upon the judgment rendered by this Court in the case of National Insurance Co. Ltd. Vs. Swaran Singh and Others, The said order has been confirmed by the National Consumer Disputes Redressal Commission (for short, 'National Commission') in revision. Hence, this appeal by special leave. 5. The learned Counsel appearing on behalf of the appellant submitted that the judgment rendered by this Court in the case of National Insurance Co. Ltd. Vs. Swaran Singh and Others, was applicable only in relation to the case of third party. In the present case, no complaint was filed by third party but the complaint was filed by the insured. Learned Counsel appearing for appellant submitted that it has been clarified by this Court in the case of National Insurance Co. Ltd. Vs. Laxmi Narain Dhut, that the ratio laid down in the case of Swaran Singh (supra), would apply only in relation to the cases of third party and not in relation to the own damage cases in which case the insurer is only required to show that the licence was fake one. 6. Accordingly, the appeal is allowed, impugned orders rendered by the State Commission and the National Commission are set aside and the same passed by the District Forum dismissing the complaint is restored.