This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that he is the Registered owner of one light goods vehicle of Mahindra and Mahindra Bolero pick up BS-II (pickup van) bearing Chassis No. MA1ZN2GGAA1J56062, Engine No.GG1H65716 if 63 Horsepower and bearing Registration No.WB-33B-0335 dated 04-10-2010 and the said vehicle was insured with the OPs.  OP1 is the registered head office whereas the OP2 is the regional head quarters having its branch office being managed and controlled by OP3.  Certificate of Insurance-cum-policy bearing Policy No.OG-11-2410-1808-00001065, cover note no.MC1000323646 dated 15-09-2011 was issued to the complainant by the OPs against the said vehicle upon payment of due premium under the terms and conditions mentioned in the said policy.  According to the policy u/s.II-I(i) limits of liabilities cover death of a person or bodily injury and such amount as is necessary to meet the requirements of the Motor Vehicle Act, 1988 and damage to third party property to the tune of Rs.7,50,000/- is also covered.  Complainant further stated that the said vehicle was run under a permit within the meanings of the Motor Vehicle Act, 1988 and the driver of the said vehicle had a valid license at the time of accident and he was not disqualified from holding or obtaining such a license and within 24 hours of the accident complainant notified the OPs through their service of 24 hour call centre.

          On 03-12-2010 when the said vehicle was proceeding through the Ranchi-Puruliya Road one truck bearing Registration No.Jh-05F/6872 coming from opposite direction dashed the van and as a result driver expired on spot and other injured persons were shifted to hospital for treatment and vehicle was very badly damaged. 

          During investigation it was found by the police personnel that one Zakir Hussain, s/o. Siraj-ul-Hussain of Village-Ghoramara, P.S. Pingla, Dist-Paschim Midnapore died on the spot and subse3quently one Chandan Barman, s/o. Nakul Barman of Village-Janakichak, P.S. Maina, Dist-Purba Midnapore also succumbed to his injuries in the hospital and upon further investigation it was learnt by the police personnel that the said vehicle of the complainant was driven by one Subhash Das, s/o. Purna Chandra Das of Hospital Road, Ward No.7, P.S. Kotwali, Dist-Paschim Midnapore at that time and death on accident.  The investigating officer in charge-sheet no.54/100 dated 29-03-2011 in connection with FIR No.156/10 dated 03-12-2010 u/s 2179/337/338/304(A)/427 of Indian Penal Code, submitted in the court of Ld. Chief Judicial Magistrate, Sadar Court, Purulia, has established that the accident occurred due to rash and negligent driving of the said offending vehicle and in the facts and circumstances on record a prima facie charge has been well established against the driver of the offending vehicle. 

          Complainant duly submitted Motor Insurance Claim before the OPs vide claim No.1N1803349075 along with all necessary details and documents as required by the OPs and also submitted written intimation of accident with a request to stop the instalment payable of the loan issued by the Mahindra Finance Company Ltd. having its office at Kharagpur.  OP vide their letter dated 10-06-2011 informed the complainant that his claim was reported to them on 15-12-2010 and upon scrutiny of the available documents and facts they observed that as per claim intimation record available with them and as informed by the complainant one Md. Zakir Hussain was driving the vehicle at the material time of accident whereas complainant has submitted the copy of driving license of Mr. Subhash Das as well as the complainant has mentioned the same in the claim form.  OPs notified the complainants vide this letter to let them know within 7 days from the date of the said letter as to why i\his claim should not be repudiated.  In reply complainant clarified by letter dated 10-06-2011 that the said vehicle was sent to Purulia with the driver Subhash Das and Md. Zakir Hussain also accompanied him and also denied that any driving license was submitted by him to the OPs and further supplied the certified copy of the charge-sheet filed by the police in connection with Purulia(Town) P.S.(M) Case No.U.D. 43 Dated 03-12-2010.

          In this connection complainant again and again pursued the matter by personal visit as well as issuing letters and demand of justice but the OPs did not pay any heed and illegally sitting tight over the matter, as a result complainant suffers loss and injury and for which for compliance and to get relief complainant filed this case for redressal and also for compensation.

On the other hand OPs1 to 3 by filing written objection submitted no doubt the complainant purchased insurance policy in respect of that vehicle which faced accident and after accident complainant submitted a claim along with papers and OP asked the complainant to submit details about the driver, i.e. name of the driver, driving license etc. who was driving the vehicle at the time of alleged accident but in respect of receiving the said letter complainant did not do so for such claim for which the claim was closed.

          At the same time the present claim has been filed by the complainant after lapse of two years from the date of incident of accident.  No condonation of delay u/s.24A of the C.P. Act has been filed along with the complaint so, the present complaint is barred by limitation.

          Fact remains the policy in respect of the vehicle No.WB-33B-0335 was a valid policy for the period from 16-09-2010 to 15-09-2011 and it is binding upon the both the parties upon terms and conditions of the policy.

          Complainant has tried to change over their case by inserting the name of one Subhash Das as driver but fact remains in the claim application it is specifically mentioned that Jakir Hussain was driving the said vehicle at the time of accident and in respect of such driving of the vehicle by Jakir Hossain no driving license was filed by the complainant for which the claim was closed.  Moreover, as per FIR and charge-sheet as filed by the complainant it is established beyond any manner of doubt that Subhash Das was not the occupier of the vehicle either as driver or passenger or anything and truth is that said driver Jakir Hussain already died but even then on the basis of the claim application one Chanchal Biswas was appointed as licensed independent surveyor to assess the liability of the OP and surveyor submitted his final report but for non-production of the driving license of the Jakir Hussain and for incomplete information supplied by the complainant their claim case was closed and there is no liability and the fault on the part of the OP and there was no negligence or deficiency on the part of the OP for which the present case is not maintainable and same should be dismissed.

          OP4 by filing written statement submitted that complainant obtained a loan of Rs.4,39,000/- from OP4 and OP4 as per agreement of loan shall have to repay the same by 47 instalments out of which they have paid only three instalments and failed to repay the balance 44 instalments and upto Sep 2014 total outstanding is Rs.8,44,599/- and loan period has not expired and as per said agreement OP4 is the owner of the vehicle as hypothecated goods and so, entire allegation against OP4 is not tenable and same should be dismissed.

Decision with Reasons

After comparative study of the complaint including the written version and also considering the argument and further relying upon the documents as produced by the complainant it is clear that the vehicle in question being No.WB-33B-0335 belongs to Sankar Maity, s/o. Bibhuti Maity, Village-Mirpur, P.O. Jasorajpur, P.S. Pingla, Dist – Paschim Medinipur and type of the vehicle is Pick up Van and Registration valid up to 29-09-2012 and insurance policy was valid up to 15-09-2011 and said vehicle faced an accident on 03-12-2010.

          It is undisputed fact that in respect of an accident FIR was lodged by one Sukumar Pande of Purulia before the OC. Purulia(M) P.S. and in that complaint it is specifically mentioned that the driver and occupant of the said vehicle sustained severe injury due to hit and collision in between the pick up van and one track being No.JH 05F/6872 and that accident took place on 03-12-2010.  Truth is that from the said vehicle dead body of Jakir Hossain was recovered and also inside of the said pick up van another persons were recovered with injuries and referred to Purulia Hospital.  Fact remains as per post mortem report it is found status of Jakir Hussain was driver and his employer was Shankar Maity s/o Bibhuti Maity and as per PM report it is clear that he died due to said accident injuries.        

          Most interesting factor is that after accident owner of the vehicle i.e. the complainant was called for by the O.C. Purulia(M) P.S. and he was directed to produce all the papers in respect of the permit, tax token authority letter in respect of the driver of the said vehicle who died at spot.  Fact remains the present complainant produced authority letter in the name of Md. Jakir Hossain s/o. Sirajul Hossain who drove the vehicle No.WB 33B 0335 and that has not been denied by the complainant.  At the same time claim application was filed by the complainant at call centre of the Bajaj Allianz and in the said application complainant himself has reported the name of the driver Md. Jakir Hossain.  So, considering that fact it is clear that the disputed pick up van had been driven by Jakir Hossain who was the authorized driver of the complainant and that was admitted by the complainant before police before Purulia P.S. in connection with Purulia(M) P.S. Case No.156 of 2010 dated 03-10-2010.  Authority letter for driving of Jakir Hossain of the said vehicle was submitted by the complainant to Purulia P.S. on 13-12-2010 and it was seized by the police.  Claim form was submitted on 16-12-2010 and in the claim form the name of the driver is Jakir Hossain and from the investigation report of the police it is stated that after accident from the said pick up van some persons including one named Jakir Hossain who sustained injury were rescued by the people of locality but there was no other persons inside the said vehicle but peculiar factor is that at the time of investigation driving license of Subhash Das was submitted by the complainant and ultimately charge-sheet was submitted by the Purulia(M) police.  Ultimately other injured persons were referred to Purulia Hospital for treatment but they overcome their injuries.  So, considering that fact it is clear that complainant failed to produce any valid driving license in support of driving the said vehicle by Jakir Hossain but admitted position is that Jakir Hossain was driving the said vehicle but anyhow to get rid of such illegality done by the complainant, complainant subsequently produced another person Subhash Das as the driver of the said vehicle but it is completely false and in view of the fact if that Subhash Das would drive the vehicle he shall not be in the world.  Not only that there is no injury report of Subhash Das if he had been actually driving the vehicle because there was no scope to come out without any injury by alleged Subhash Das.  Another factor is that driver Jakir Hossain was found lying dead with severe injury and local people removed him along with other passengers.  Complainant forthwith appeared before the police and submitted report along with authority letter of driving of vehicle by Jakir Hossain.  There was no whisper that Subhash Das was the driver at the time of investigation for the purpose of getting claim.  Another factor is that claim application was filed by the complainant and in that claim application also driver name was Jakir Hossain but failed to produce the license.  So, it is clear that Jakir Hossain had no valid driving license when that matter was admitted by the complainant then complainant tried to fill up this lacunae by producing the driving license of one Subhash Das before the policy violating the terms and condition of the policies and in this context it is to be mentioned that as per insurance agreement no insurance company is anyway liable to pay any compensation whatsoever if it is found that the vehicle is driven by the driver having no valid license.  Already Supreme Court has observed and decided finally that driving license is must in case of any insurance claim but if there is light or heavy driving license for that reason claim cannot be refused and it is specifically mentioned in ruling reported in 2013(3) CPR 478 (Supreme Court) and considering that judgment we are convinced that driving license is must in respect of any insurance claim if it is found that driver does not possess any driving license in that case company has no liability to pay any compensation for damage of the car or for third party insurance etc.  for violation of the terms and condition of the policy and it is already decided by National Commission that in case of insurance policy parties are strictly governed by policy condition and no exception or relaxation can be made on the ground of equity and that is already published in 2013 (4) CPR 165 NC.  So, considering all the above facts and also further considering the claim application made by the family members of Jakir Hossain before Motor Vehicles Tribunal we are confirmed that this complainant appeared before this Forum with black hands only for the purpose of grabbing money against insurance policy somehow procured a driving license of Subhash Das and now, they are trying to convince that Subhash Das was the driver and after re-assessing the above discussion and materials we are inclined to hold that Subhash Das was a procured driver for the purpose of the claim when it is the admission of the complainant in claim form that Jakir Hossain drove the said vehicle at that point of accident and so factual aspect is proved that Jakir Hossain who found within the said pick up van after the said accident and considering all the facts we are convinced to hold that this complainant is no doubt as a policy holder of the vehicle as complainant appeared before this Forum with black hands with dishonest claim and manipulated one Subhash Das as driver though he admitted in the claim application otherwise and also before policy that the said Jakir Hossain was the driver of the vehicle at the time of accident and the natural fact of the accident was nothing but the death of Jakir Hossain at the spot inside the pick up van.  In the light of the above observation there was no negligence, fault or any deficiency on the part of the OP but mischievously this complaint has been filed by the complainant for which for getting claim which is against the principle of C.P. Act and for submitting such sort of claim this complaint fails and for adopting such path by the complainant penal cost shall be imposed.

Hence,

Ordered

That the case be and the same is dismissed on contest against the OPs with cost and for filing mischievous and vexatious complaint and also for controlling the dishonest conduct of complainant a penalty of Rs.10,000/- is imposed what shall be deposited to this Forum within 15 days from the date of this order by the complainant failing which for non-complaint of the Forum’s order provision u/s.27 of the C.P. Act shall be imposed upon the complainant for which further penalty and fine may be imposed.