West Bengal

Bankura

CC/11/2021

Smt. Monika Dutta - Complainant(s)

Versus

Authorized Signatory Shyam Gen. Ins. Com Ltd. - Opp.Party(s)

Jayanta Kumar Mukhopadhyay

12 Oct 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION BANKURA

Consumer  Complaint No. 11/2021

Date of filing-27-08-2021

Present

1. Samiran Dutta                                                                                             Ld. President

2. Siddhartha Sankar Bhui                                                                             Ld. Member

 

For the Complainant: Ld. Advocate-Subhas Chowdhury  

For the O.P: Ld. Advocate-Mr.Chandi Charan Adhvaryyu

Smt.Monika Dutta,W/O-Late Sanjit Dutta,R/O-Bankura Shikharia Para,P.O,P.S&Dist-Bankura-722102

                                                                                                                                                                                                                                                                                                                                         Complainant

V e r s u s

1. Shriram General Insurance Company Limited,E-8,EPIP,RIICO Industrial Area,Sitapur,Jaipur,Rajasthan-302022(India)
2. Branch Manager, Shriram General Insurance Company Limited,Bankura Branch,P.O,P.S&Dist-Bankura-722101

                                                                                                                                                                             

                                                                                                                                                                                                  Opposite Party 

FINAL ORDER / JUDGEMENT

Order No.21                                                                             

Dt. 12.10.2023

Both parties filed hazira through Adv.

The case is fixed for argument. After hearing argument from both sides the commission proceeds to dispose of the case as here under.

The complainant’s case is that her husband Sanjit Dutta since deceased was the registered owner of vehicle No being WB-68-P-8484 insured with OP/Insurance Company Policy no being 10003/31/20/087022 valid from 23/05/2019 to 22/05/2020 with PA claim of Rs-1500000/-. On 04/01/2020 the said vehicle met with a road accident at Ghatakgram More within G.Ghati P.S while he was returning from Kolkata with his friends by driving the car himself. As a result of such tragic accident said Sanjit Dutta was declared bough dead by Amarkanan Hospital and the incident was registered as U/D case no being 01A/2020 dated 04/01/2020. Though the claim application was duly submitted to the OP/Insurance Company but it was refused for non production of driving License.

The complainant has therefore approached this Commission for appropriate relief.

O.P/Insurance company has filed W/V contending that the complainant is not entitled to get any relief in this case as the deceased driver had no valid license at the time of accident.

                                                                                        Decision with reason

Having regard to the facts to the case contention, submission, and documents on both sides the commission finds that there is no dispute with regard to the factum of accident in which deceased driver cum owner Sanjit Dutta lost his life on the spot.

The car policy, provides for personal accident claim of owner-driver (PAC) for Rs-1500000/= provided the owner- driver must possess valid driving license.

At the time of hearing no D/L could be produced on behalf of the complainant.

However Ld. Adv. for the insurance company has furnished driving detail of the deceased driver obtained through portal Paribahan Sewa which shows that the deceased driver had a driving license for a non transport two wheeler no being WB67-20130126460 valid from 25/03/2019 to 16/07/2027. Ld. Adv. for the complainant could not dispute the same. The complainant was given opportunity by order dated 17/08/2023 to produce four wheeler driving license of the deceased driver if any but she failed to do so. In absence of valid four wheeler driving license at the material point of time the insurance claim of the complainant cannot be considered at any cost. Non–possession and non –production of valid driving license at the time of accident amounts to breach of the policy disentitling the claimant to get any insurance claim for the accidental death benefit of the deceased owner-driver.

Hence it is ordered.

 That the case be dismissed on contest but without cost. The complainant is however given liberty to move competent forum for appropriate relief.

Both parities be supplied copy  free of cost.

 

   __________________                           ________________

HON’BLE   PRESIDENT                   HON’BLE    MEMBER