West Bengal

Bankura

CC/16/2022

Sri Krishnendu Tribedi - Complainant(s)

Versus

Authorised Officer, Bajaj Allianz Insurance Co. Pvt. Ltd - Opp.Party(s)

Jayanta Kumar Mukhopadhyay

23 Jul 2024

ORDER

    IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No.16/2022

Date of Filing:  22/06/2022

Before:                                        

1. Samiran Dutta                                     Ld. President      

2. Siddhartha Sankar Bhui                    Ld. Member

 

For the Complainant:Ld. Advocate Jayanta Kumar Mukhopadhyay

For the O.P.: Ld. Advocate Chandicharan Adhvaryyu

 

Complainant:

Sri Krishnendu Tribedi,  S/O Late Charan Das Tribedi, Vill-Jalanpur, P.O.Maliara,P.S. Mejia, District- Bankura                                                                                                                                                  

Opposite Party:

1.Authorised Officer, Bajaj Allianz Insurance Co. Pvt. Ltd., Akshara, Plot No.C-100, 2^nd Floor, Beside Junction Mall, City Centre, Durgapur, Dist. Paschim Bardhaman, Pin-713216

2. Authorised Officer, Bajaj Allianz Insurance Co. Pvt. Ltd., ECO Space, 3^rd Floor, Block-3B, Plot No.11/F/11, New Town, Rajarhat, Kolkata-700160

JUDGEMENT 

                                                                                                                                                         

Dated:23-07-2024

The case is fixed for delivery of judgement.

The Commission proceeds to deliver the judgement here-in-below after hearing the argument in full  on 10/07/2024.

The Complainant’s case is that his father Charan Das Tribedi since deceased was the registered owner of one Motor Cycle bearing Registration No. being 40 AP-3140 duly insured with O.P./Insurance Co. Policy No. being OG-20-2432-1826-00001997 valid from 08/11/2019 to 07/11/2020 with Personal Accident cover (P.A. cover) of Rs.15 lakh for owner-driver. On 05/09/2020 in between 6.30 p.m. to 7 p.m. said motor cyclist Charan Das Tribedi was standing with his motor cycle on the road side at A.S.P. (Water Supply Tank) in CISF Colony, Durgapur and at that time a vehicle No. being WB 40U-3846 being driven with rash and negligent manner dashed the victim motor cyclist resulting his accidental death on 12/09/2020 at Mission Hospital, Durgapur. The incident was reported to the local P.S. which was registered as Durgapur P.S. Case No.338/20, dated: 11/09/2020 ended in Charge sheet No.417/20, dt.30/11/2020 u/s 279/304A IPC against the offending vehicle driver. Insurance claim for cost of the motor cycle to the tune of Rs.56,883/- with P.A. Cover claim for Rs.15 Lakh was made to the O.P./Insurance Co. on 14/10/2020 but the same was repudiated by letter dated: 03/12/2020 on the sole ground that at the time of accident the motor cyclist was not holding any valid and effective Driving License. The Complainant has therefore approached this Commission for compensation of the cost of motor cycle and P.A. cover claim of Rs.15 Lakh.

                                                                                                                                                                            Contd…..p/2

Page: 2

O.P./Insurance Co. contested the case by filing a written version reiterating the same ground of repudiation of claim.

-: Decision with reasons:-

Having regard to the facts of the case, contention, submission, written argument of O.P. and documents on both sides  the Commission finds that  there is no dispute with regard to the factum of accident in which the motor cyclist i.e. Charan Das Tribedi himself lost his life. Admittedly the motor cyclist had no valid and effective driving license at the time of accident as the validity of the driving license has already expired on 20/02/2017.

Ld. Advocate for the O.P./Insurance Co. vehemently opposed the Insurance claim of the complainant on the sole ground that neither the cost of motor cycle nor P.A. cover claim is admissible for breach of terms and condition of the Policy bond for want of valid and effective driving license on the date of accident.

On the contrary Ld. Advocate for the Complainant has contended before the Commission that the Complainant is entitled to get the insurance claim as prayed for on non-standard basis even in absence of valid and effective Driving License at the time of the accident and in support his contention he has referred to two decisions of the Apex Court reported in (2008)11 SCC 259 (National Insurance Co. Vs Nitin Khandelwal) and (2010) 4 SCC 536 (Amalendu Sahoo Vs. Oriental Insurance Co.) where insurance claim other than P.A. Cover has been granted on non-standard basis for want of valid and effective Driving License. The first case deals with theft of the insured vehicle and the second one deals with the nature of use of the vehicle.

But in this case P.A. Cover for owner cum driver has been claimed which is issued based on the possession of valid and effective Driving License. Non-possession of valid and effective Driving License is fundamental breach of the Policy in P.A. insurance claim and no insurance claim particularly P.A. Cover is admissible for want of proof of a valid and effective Driving License. The accident took place on 05/09/2020 but the Driving License of the deceased motor cyclist is found to have expired long back as on 20/02/2017. No decision could be cited from the Bar to substantiate the fact that without possession of valid and effective driving License P.A. insurance  claim is admissible on non-standard  basis.

                                                                                                                                                                              Contd…..p/3                                                                                                                                       

Page: 3

 

The Commission is therefore reluctant to rely upon the aforesaid decisions of the Apex Court which are distinguishable from the facts and circumstances of the present case. The Complainant is not therefore entitled to get any relief in this case.

 

                        Hence it is ordered…….

That the case be and the same is dismissed on contest but without cost.

Both parties be supplied copy of this Order free of cost.

 

__________________                                       ________________         

 HON’BLE   PRESIDENT                           HON’BLE    MEMBER