Jharkhand

Bokaro

CC/17/63

Anil Kumar - Complainant(s)

Versus

Branch Manager, National Insurance Co. Ltd. - Opp.Party(s)

Sri Anand Vardha

31 Jan 2023

ORDER

District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-22-04-2017

Date of final hearing-31-01-2023

 Date of Order-31-01-2023

Case No. 63/2017

Anil Kumar S/o Late Kalpnath Yadav

R/o- Qr.No. NMP/180, / Swang Colliery, Gomia

P.O. – Gomia, District- Bokaro, Jharkhand

Vs.

Branch Manager,National Insurance Company Ltd.

Phusro Road, New Road, Phusro, District- Bokaro, Jharkhand

 

                             Present:-

                             Shri Jai Prakash Narayan Pandey, President

                   Smt. Baby Kumari, Member

 

PER- J.P.N Pandey, President

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1. Complainant has filed this case with prayer for direction to O.P. to pay Rs. 761191/- as repair cost of the vehicle and to pay Rs. 10,000/- as compensation and Rs. 10000/- as litigation cost respectively.

2. Complainant’s case in brief is that he is registered owner of Tipper   bearing registration no. JH09AB-6208 which was insured with O.P.       valid from 11.12.2015 to 10.12.20216. Further case is that said vehicle met with an accident on 31.05.2016 for which SDE No. 5/2016 dt. 31.05.2016 was registered in Gomia (Kathara O.P.). Said vehicle was repaired for which complainant paid Rs. 7,61,191/- but it has not been reimbursed by the O.P. on the ground that for the period of accident i.e. on 31.05.2016 there was no road permit of that very vehicle, hence said vehicle was being illegally run. Further case is that for issuance of road permit complainant has deposited Rs. 1320/- on 30.05.2016 in the SBI Hazaribagh but permit has been issued for the period from 01.06.2016 to 30.09.2016 with signature dt. 31.05.2016 hence rejection of the claim was illegal, therefore, this case has been filed.

3. O.P. has filed W.S. mentioning therein that since vehicle was being plyed without any road permit hence claim has been rightly repudiated.

4. Now point for consideration is whether complainant is entitled to get relief as prayed ?

5. It is admitted fact that the date of accident is 31.05.2016 on which date vehicle was being played on road without any road permit. Only the ground for consideration has been brought on record that complainant has deposited the required fee on 30.05.2016 in the SBI Hazaribagh and temporary permit has been issued for the period from 01.06.2016 to 30.09.2016 with signature dt. 31.05.2016. To Judge the bonafideness  of the complainant vide orders dt. 12.07.2022 and 30.07.2022 he was directed to file previous Road permits to ascertain whether prior to the date of the accident vehicle was being run with valid and legal road permit but it has not been filed by the complainant. This facts shows that on the date of accident or from before it the vehicle was being played in a public place without  valid permit which is the violation of section 66 (1) of Motor Vehicles Act and it was against the terms and conditions of the Insurance policy. Therefore, we are of the view that complainant has not proved his case for grant of any relief and there is no any deficiency on the part of the O.P. Insurance Co.

6. Accordingly this case is dismissed on merit and in the facts of this case parties shall bear their own costs.

 

(J.P.N. Pandey)

                                                                                      President

                                                                                               

 

 

                                                                               (Baby Kumari)

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