Haryana

Ambala

CC/421/2019

Kulveer Kaur - Complainant(s)

Versus

Bajaj Allianz Life Insurance Co Ltd - Opp.Party(s)

Ms. Neetu Singh

06 Jul 2022

ORDER

 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                          Complaint case no.         :     421 of 2019

                                                          Date of Institution           :     02.12.2019

                                                          Date of decision     :              06.07.2022.

         

1.       Kulveer Kaur age about 21 years wife of Late Shri Gurdeep Singh.

2.       Pyari Kaur age about 51 years wife of late Shri Jarnail Singh and mother     of deceased.

Both R/o of Village Kapuri, P.O. Sarala Kalan, Tehsil Rajpura, District Patiala.

                                                                             ……. Complainants.

                                                Versus

1.       Bajaj Allianz General Insurance Company Limited, 3^rd Floor Minerva Complex Ambala Cantt. 133001, through its authorized signatory.

2.       Bajaj Allianz General Insurance Company Limited, through its Authorized Signatory. (Motor Claim Manager) Claimed Department SCO No.156-159, 2^nd Floor, Sector- 9C, Chandigarh.

 

                                                                    ….…. Opposite Parties.

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member,

Shri Vinod Kumar Sharma, Member.

 

Present:       Ms. Neetu Singh, Advocate, counsel for the complainants.

Shri R.K.Vig, Advocate, counsel for the OPs.

 

Order:        Smt. Neena Sandhu, President.

Complainants have filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To pay the claim of Rs.15,00,000/-, to the complainant as per the policy.
2. To pay Rs.4,00,000/-, as compensation for the mental agony and physical harassment suffered by the complainant.
3. To pay Rs.50,000/- as litigation expenses.

AND

Any other relief which this Hon’ble Commission may deem fit.                                     

2.                Brief facts of the case are that husband of the complainant No.1 and son of complainant No.2, Late Shri Gurdeep Singh son of Late Shri Jarnail Singh (hereinafter referred to as ‘DLA’), purchased a motor Cycle HERO MOTO CORP-HF DELUX from Vikas Gautam Automobiles Shambhu Road Tehsil Rajpura District Patiala on 19.04.2019, for Rs.44,650/-. DLA, got insured the said motorcycle from the OPs by paying the premium amount of Rs.4,694/- and OPs issued a comprehensive policy bearing No.20-1207-1826-00000026 dated 19.04.2019, including third party liability and PA cover of owner and driver for Rs.15 lakh. On 06.06.2019, when the DLA was going from his Village Kapuri to Hemkunt Sahib on his motorcycle and Gurmeet Singh was Pillion rider, he was driving the motorcycle on the left hand side of the road at a moderate speed and when reached near Lotan Chungi on Naraingarh to Ponta Sahib road, a bus bearing registration No.HR37C6616, which was being driven by its driver Kuldeep Singh in a rash and negligent manner, hit the motorcycle of the DLA and both the occupants suffered injuries and were taken to Civil Hospital, Naraingarh, where they were declared brought dead. An FIR no.188 dated 06.06.2019, was registered in PS Naraingarh regarding the said accident against the driver. After doing the last rites, complainants being the legal heirs of the DLA, informed the OP No.1, and submitted the requisite documents with it. Complainants repeatedly requested the OP No.1, to pay the claim amount but they came to know that OP No.2 has repudiated the claim. Complainants served a legal notice dated 06.01.2019, upon the OPs, but they did not reply the same. By not paying claim amount, the OPs have committed deficiency in service. Hence, the present complaint.

3.                Upon notice, OPs appeared and filed written version, raised preliminary objections with regard to maintainability, jurisdiction, estoppel and locus standi etc.  On merits, it is stated that the motorcycle was insured with the answering OPs for the period from 19.04.2019 to 18.04.2020, as per the terms and conditions of the insurance policy. Complainants informed the Insurance company on 02.09.2019, after a gap of 88 days from the date of occurrence of the incident i.e 06.06.2019. At the time of alleged accident, the DLA was not having a valid and effective Driving Licence to drive the motorcycle, thus, complainants are not entitled for compensation of Rs.15 Lakh on account of death of Gurdeep Singh son of Shri Jarnail Singh, under personal accident claim. DL No.PB-0420180010428 dated 20.03.2018 to Gurdeep Singh son of Shri Jainail Singh was issued for PSV-Bus/Trans/LMV-Cab/LMV, valid upto 24.05.2019, which was not valid and effective licence to drive a two wheeler. Answering OPs asked the complainants to provide the certain information and submit the requisite documents and when the same were not supplied then answering OPs repudiated the claim of the complainants vide letter dated 09.10.2019. Rest of the allegations levelled by the complainant were denied and prayer has been made for dismissal of the present complaint filed by the complainant against them with heavy costs.

4.                Learned counsel for the complainants tendered affidavit of complainant No.1 as Annexure C-A along with documents Annexure C-1 to C-9 and closed the evidence of the complainants. On the other hand, learned counsel for the OPs tendered affidavit of Shri Saurav Khullar, Legal Officer Authorized Signatory, # Bajaj Allianz General Insurance Company Limited, SCO No.156-159, 2^nd Floor, Sector-9C, Chandigarh as Annexure OP/A alongwith documents Annexure OP1/1 to OP1/20 and closed the evidence on behalf of OPs.

5.                We have heard the learned counsel for the parties and have also gone through the record very carefully and also gone through the written arguments filed by the learned counsel for the OPs.

6.                The learned counsel for the complainants has submitted that the motorcycle in question was duly insured with the OPs for the period from 19.04.2019 to 18.04.2020, vide policy schedule Annexure C-1. On 06.06.2019, when Gurdeep Singh was driving the motor cycle and Gurmeet Singh was pillion riding, it met with an accident and both of them succumbed to death. Complainants being the legal heirs of Late Gurdeep Singh, got registered an FIR with the police regarding the said accident and also lodged the claim with the OPs.  At the time of accident, Late Gurdeep Singh was having a valid and effective licence inspite of that OPs repudiated the claim of the complainants.

7.                On the contrary, the learned counsel for the OPs has submitted that on 06.06.2019, DLA met with an accident when he was plying the motorcycle. As per Motor Vehicle Act (a) No person shall drive a motor cycle in any public place unless he holds an effective DL authorized him to drive the vehicle. On the date of occurrence of the incident DLA was having licence to ply the light motor vehicle and not to ply two wheeler class of vehicle. By plying motorcycle without licence the DLA has committed an offence under MV, Act and also violated the terms and conditions of the policy, therefore, complainants are not entitled to get any claim and OPs have rightly repudiated the claim.

8.        From the Two Wheeler Package Policy Schedule Annexure C-1, it is evident that DLA was the owner of the motorcycle in question and the same was insured with the OPs for total value of Rs.44,650/-, for the period from 19.04.2019 to 18.04.2020. Perusal of FIR dated 06.06.2019 Annexure C-6, reveals that the motorcycle in question met with an accident on 06.06.2019, when the same was being driven by Gurdeep Singh. On perusal of Driving Licence of Gurdeep Singh Annexure C-8, it is revealed that Gurdeep Singh, who was driving the motorcycle at the time of accident, was holding a driving licence to drive PSVBUS/TRANS/LMV/CAB/LMV. This fact further got fortified from the verification report of Driving Licence issued by RTO, Faridkot (Annexure OP-1/11).  On verification of the driving licence of the driver Mr.Gurdeep Singh son of Shri Jarnail Singh, it was found that the same was not valid and effective licence to drive two wheeler class of vehicle. It may be stated here that in the case of Oriental Insurance Co. Ltd Vs. Zaharulnisha & Ors, 2008 SCC 385, the Hon’ble Supreme Court of India in para No.18 of the judgment has observed that the insurance company cannot be held liable to pay the amount of compensation to the claimants for the cause of death of Shukurullah in road accident which had occurred due to rash and negligent driving of scooter by Ram Surat, who admittedly had no valid and effective licence to drive the vehicle on the day of accident. The scooterist was possessing driving licence of driving HMV and he was driving totally different class of vehicle which act of his is in violation of Section 10(2) of the MV Act.

9.                In the case of United India Insurance Company Limited Versus Parami Devi 2006 ACJ 2584, Hon’ble Rajasthan High Court opined that person having licence to drive light motor vehicle cannot drive two wheeler.  

10.              In the present case, DLA, at the time of accident was holding a driving licence to drive Light Motor Vehicle but he was driving motorcycle. In view of law laid down by the Superior Courts, in the cases referred to above, we hold that complainants are not entitled for the relief sought for.  The complaint filed by the complainants are devoid of merits, consequently, we dismiss the same. The parties are left to bear their own costs. Certified copy of the order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on: 06.07.2022.

 

          (Vinod Kumar Sharma)  (Ruby Sharma)               (Neena Sandhu)

              Member                         Member                       President