BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SOLAN, H.P.
Consumer Complaint No: 109/2008
Date of presentation: 30.06.2008
Date of decision: 30/12/2009
Sh. Sardar Singh Thakur, S/o Sh. Dila Ram,
R/o Village Bathru, P.O. Kithra, Tehsil Rohru,
District Shimla H.P.
… Complainant
Versus
The Oriental Insurance Company Ltd.
The Mall Solan,
Through Branch Manager.
…Opposite Party.
For the complainant: Mr. Anirudh Sharma, Advocate vice
Mr. Sudhir Thakur, Advocate.
For the Opposite Party: Mr. B.R. Sharma, Advocate.
O R D E R:
Sureshwar Thakur (District Judge) President:- The instant complaint has been filed by the complainant, by invoking the provisions of Section 12 of the Consumer Protection Act, 1986. The complainant avers that, he got Mahindra Pick-up bearing registration No.HP-10B-1135, insured with the OP-Company, vide insurance cover note No.AMB-738391. It is averred that the aforesaid vehicle met with an accident, on, 27.09.2006, during the currency of the insurance policy. The matter was accordingly brought to the notice of the OP-Company, as well, as to the Police, upon which FIR bearing No.71/2006 was lregistered with the Police Station, Kotkhai. Thereafter, the insurance claim was lodged with the OP-Company, who instead of settling it, repudiated vide letter dated 27.09.2007. Hence, it is averred that there is apparent deficiency in service on the part of the OP-Company and accordingly relief to the extent as detailed in the relief clause be awarded in favour of the complainant.
2. The OP-Company, in its version, to the complaint, contended that, at the time when the vehicle met with an accident, it was being driven by the son of the insured, who was not holding any driving licence, hence, as per the terms and conditions of the policy, the claim was not payable. They furrier contend that, Shri Rajender Singh, insured was holding driving licence, only for LMV and it was endorsed for HTV, on, 22.11.2006, whereas the accident took place, on, 27.09.2006, hence, the licence possessed by Shri Rajender Singh did not authorize him to drive the insured Jeep. Hence, it is denied, that, there was any deficiency in service on their part or that they have indulged in an unfair trade practice.
3. Thereafter the parties led evidence by way of affidavits and documents in support of their respective rival contentions.
4. We have heard the learned counsel for the parties at length and, have, also, thoroughly scanned the entire record of the case meticulously.
5. The parties do not wrangle over the fact that the vehicle bearing registration No.HP-10B-1135, was insured with the OP-Company, as is revealed from the existence of copy of insurance cover Annexure-B. It is also not in dispute that the accident occurred during the currency of the insurance policy. The factum of reporting the matter to the OP-Company, as well, as to the Police, are, also not in variance. However, the complainant, is, having a grievance, that, the action of the OP-Company, in, not settling his insurance claim, qua the damage caused to his insured vehicle bearing registration No. HP-10B-1135, during the currency of the insurance policy, tantamounts to both deficiency in service, as well, as, an unfair trade practice, on the part of the OP-Company. The OP-Company, is, seeking to exculpate their liability, to, pay the sum, so spent by him, in order to make the vehicle road worthy, on, the strength, that, the vehicle when, it, met with an accident, was being driven by Shri Rajender Singh, who was having a driving licence to drive a light motor vehicle, whereas, the vehicle which was being driven by him, was registered, as a commercial/transport vehicle, hence, the, driving licence possessed by him without an endorsement in it of its holder hence, being authorized to drive a transport vehicle, in which category the vehicle fell, comprised an infraction of the term of the policy. Therefore, it is contended, that, the repudiation of the claim, is, tenable.
6. The said contention, as raised by the OP-Company, in its reply, has not come to be repulsed by the complainant, by adduction of cogent and satisfactory evidence, rather, the statement on oath given by Shri Rangi Ram, Jr. Assistant, RLA, Nahan, divulges the fact the driving licence possessed by Shri Rajender Singh, who, was driving the afflicted vehicle, at the time, when it met with an accident, was issued for LMV only, without an endorsement in it of its driver being authorized to drive a transport vehicle, in which category, the afflicted vehicle fell, till 22.11.2006, whereas, it was endorsed for HTV, w. e. f. 22.11.2006. Hence, the driver when holding a, licence merely to driver a, light motor vehicle, at the relevant time, when it met with an accident, as such, in, the absence of an endorsement in his driving licence to drive a transport vehicle, in which category the afflicted vehicles fell, comprises an infraction of terms and conditions of the policy. Obviously, for, reasons aforesaid, when, the driver who was driving the vehicle at the relevant time, did not, hence, hold a, driving licence authorizing him to drive, a, light transport vehicle, in, which category the vehicle, of, the complainant fell, therefore, for lack of his possessing a, valid and effective driving licence, qua the category of vehicle, as also when, the Statement of Shri Rangi Ram, Jr. Assistant, RLA, Nahan, details, that, the driver was barred from driving, a, transport vehicle, in which category the afflicted vehicle fell, hence, the OP-Company cannot be held guilty of rendering any deficiency in service, in theirs repudiating the claim of the complainant.
7. In the light of the above discussion, the complaint being without any merit deserves dismissal and we order accordingly, leaving the parties to bear their own cost. The learned counsel for the parties undertook to collect the certified copy of this order from the office, free of cost, as per rules. The file after due completion, be consigned to record room.
Announced on this the 30th day of December, 2009.
(Sureshwar Thakur)
President.
NMehta) (Virender Thakur) (Arun Bala Sharma)
Member Member.
Tags: Oriental Insurance