Final Order / Judgement (Dated : 15/03/ 2022)

Passed by Shri.AtulAlsi, Hon’ble President.

1. The complainant owns a Honda City Car bearing No.MH-34, AM-9551 which he got insured with the OP No.1 for the period from 29/8/2018 to 28/8/2019 against premium of Rs.21,734.60/-. The complainant was having valid driving license to drive the vehicle which is filed on record. On 23/2/2019, while passing from Mount CarmelSchool, one two-wheeler dashed against complainant’s car and in the accident, the car sustained damages. The complainant informed the insurance company about the incidence immediately after the accident. The dealer and authorized service center estimated the repair cost of the car at Rs.28,879/-. Hence the complainant filed insurance claim with the OP No.1 for own damage claim of Rs.28,879/-. However, the claim was repudiated by OP No.1 on 1/4/2019 for the reason that the complainant was not having valid and effective driving license to drive the vehicle at the relevant time of accident. The complainant was having LMV transport driving license valid up to March,2022, but the OP rejected the insurance claim without considering the license submitted to the OP. Therefore, such rejection amounts to deficiency in service. The complainant issued legal notice through Adv.Sanghvi on 15/3/2019 but the OPs failed to comply the same, which resulted into filing of instant petition. 2. After admission of the complaint, notices were served on OP Nos.1 & 2. On receipt of the notice, opposite party Nos.1&2 appeared before the Commission through their counsel and filed their commonreply to the complaint. They have admitted the insurance of the complainant’s vehicle, however, they denied all the adverse allegations levelled against them. They submitted that the RTO, Chandrapur has confirmed in its letter that the complainant’s driving license was valid from 28/6/2015 to 27/6/2018. That being so, OPs averred that, the license of the complainant was expired on the date of accident which occurred on 23/2/2019. Hence his claim was rightly rejected for breach of policy conditions, as the complainant was not having valid and effective driving license at the relevant time of accident. It being so, there is no deficiency in service on the part of OPs and the complaint deserves to be dismissed. 3. The counsel for both the parties argued on their respective stands taken in the complaint and the written version. 4. We have gone through the complaint, documents and the affidavit filed by the complainant so also the written version, affidavit and supporting documents filed by the OPs. After careful scrutiny of the documents filed on record and after hearing both the sides, we record our findings in respect of the allegation of deficiency in service, as follows.. REASONING 5. The complainant has filed on record the extract copy of driving license dated 29/3/2019 at Exh.8/1. As per said extract report, complainant’s driving license was renewed up to 28/3/2025 in case of non-transport category and in case of transport category, the license was valid and was renewed up to 28/3/2022. The accident occurred on 23/2/2019 and hence it is covered under the renewed license. The renewal of license has a retrospective effect and it validates the period from its expiry till its renewal. In these circumstances, the repudiation of claim by the OP Insurance company as per letter dated 7/4/2019 amounts to deficiency in service. Therefore, in our opinion, the complainant is entitled to insurance claim of Rs.28,879/- on nonstandard basis of claim, without awarding any cost and interest. 7. Hence the following order..

Final Order

1. The complaint bearing No. CC/19/96 is partly allowed.

2. OP Nos.1& 2 shall jointly or severally pay to the Rs.28,879/- on non standard basis of claim

3. Parties to bear their own costs.

(MRS. Kalpana Jangade(Kute) (MRS. Kirti Vaidya (Gadgil)] (MR. Atul D.Alsi) HON'BLE MEMBER HON'BLE MEMBER HON'BLE PRESIDENT