Order
The complainant Mr. Sanjay Kr. has filed this complaint petition against the o.ps. National Insurance company for realizing claim of Rs. 2,76,000/- from the o.ps from the date of accident with 9 % Interest P.A. He has further prayed for Rs.1 lacs for economical, mental, physical harassment and Rs. 10,000/- as litigation cost from o.ps.
The case of the complainant as mentioned in the complaint petition is that the complainant is unemployed, educated person and he took loan from bank and purchased bus No. BR06PA-5640 for his livelihood. It has been further mentioned that the aforesaid bus was insured with insurance company of o.ps as policy No. 170604/31/13/63-00023443 and its validity was since 09-03-2014 to 08-03-2015. It is further mentioned that the aforesaid bus met with an accident during insured period, in which driver Ajit Kr. Thakur and one passenger died at the spot. The further case of the complainant is that complainant got entered the accident in the Gayaghat P.s as Gayaghat P.S case No. 173/14 dated 27-05-2014 and informed o.ps. O.ps got inspected the p.o by appointing surveyor, who Inspected the p.o and complainant handed over the papers as per requirement. The surveyor estimated loss amount of the vehicle as Rs. 2,76,000/- and submitted his report to the competent authority and ordered the complainant to repair the vehicle. The further case is that complainant got repaired the vehicle by borrowing Rs. 3,00,000/- from his friends. Surveyor assured the complainant that after 10-15 days of his report insured amount will be paid by the o.ps but still now the same has not been paid by o.ps. The further case is that on 17-04-2015 the o.ps rejected the genuine claim of the complainant with pretext that the Driving license of the driver was not valid though as per report of the surveyor, it was valid. The further case is that due to non payment of insured money by o.ps for last one year, complainant suffered a loss of Rs. 1 lakh.
Complainant has filed the following photocopies of documents -annexure-1- photocopy of insurance certificate of vehicle No. BR06PA-5640 valid since 10-03-2014 to 09-03-2015, Annexure-2-Photocopy of Registration certificate of the vehicle, annexure-3-photocopy of registration receipt of the vehicle annexure-4-photocopy of certificate of fitness expire on 21-04-2015 with effect from 22-04-2014 annexure-5- photo copy of temporary permit valid since 24-05-2014 to 30-05-2014, annexure-6- photocopy of Driving Licence of Ajit Kr Thakur valid (NT) 05-05-2021 and for (T) valid till 12-03-2014, annexure-7- photocopy of report of investigator, annexure-8-photocopy of Branch Manager of Insurance company dated 17-04-2015, annexure-9- photocopy of Fard Beyan.
On issuance of notices, o.p appeared on 26-06-2015 and filed their w.s. on 02-02-2016. The o.ps has stated that there is no deficiency in service or negligent Act on the part of his O.P NO.1 & 2 national insurance company Ltd. Muzaffarpur. He has admitted the accident of aforesaid bus and deputation of surveyor. He has also admitted that surveyor submitted the report for loss of Rs. 2,83,006/-. It has been further mentioned that the accidental vehicle bearing registration No.- BR06PA-5640 bus is a heavy passenger vehicle registered by D.T.O as heavy engine carrying vehicle. It has been further mentioned that on scrutinizing the papers submitted on behalf of complainant o.ps came to know that the Driving license of Ajit Kr. Thakur who was driving the vehicle on the date of occurrence, was issued from transport Dept. licensing authority Bela Tara Kolkata authorized to drive PSV bus LMV non transport and transport. It has been further mentioned that non transport is valid up to 05-05-2016 and validity of transport vehicle is up to 12-03-2014 and the bus BR-06PA-5640 met with an accident on dated 27-05-2014. It has been further mentioned that the bus driver Mr. Ajit Kr Thakur was not holding a valid, effective driving licence to drive the transport vehicle on the date of accident, so, the complainant was not authorized to get the claim amount as per section-3 of motor vehicle Act 1988 and as per terms and conditions of insurance policy. It has been further mentioned that the o.ps repudiated the claim of the complainant and sent a letter with Reg. post on dated 17-04-2015. Lastly, it has been prayed that the complaint petition of the complainant be dismissed.
The main question for determination is as to whether on the date of accident that is on 27-05-2014, the driver of the bus was authorized to drive the transport vehicle and he had a valid effective and genuine license for the same or not.
The Learned Lawyer for the o.p No.1 &2 has submitted that there was no deficiency in service or negligent Act on part of o.p No. 1 & 2 and the driver of the bus had no valid and effective D.L. on the date of occurrence. He has further submitted that the Driver of the bus in question was not holding the valid and effective D.L. to ply the transport vehicle, so he was not authorized to ply the transport on the date of occurrence. He has also drew our attention towards section -3 of Motor vehicle Act 1988 and submits that no persons shall drive a motor vehicle in any public place unless he holds an effective D.L. issued to him, authorizing him to drive the vehicle and no person shall so drive a transport vehicle (other than “a motor cab or motor) hired for his own use are rented under any scheme made under sub section (2) of section -75 unless his D.L. specifically entitles him so to do.
The learned lawyer for the complainant has submitted that the o.p’s have admitted the accident in his w.s. and surveyor also assessed the loss for Rs. 2,83,006/- and submitted its report. He has further submitted that o.ps has mentioned in para-11 of the w.s. that the bus was driving by Ajit Kr. Thakur (Driver) who was holding D.L. issued from Transport Department licensing authority Bela Tara Kolkata.
Perused the record. The accident on date of occurrence and the insurance of bus no.- BR06P-5640 Tata bus is an admitted fact. Lodging of F.I.R. and surveyor report is also an admitted fact. The only question is as to whether on the date of occurrence i.e. on 27-05-2014 driver Sri Ajit kr. Who was driving the bus, was authorized to drive the transport vehicle. On perusal of annexure-6 filed on behalf of complainant, it transpire that the validity of D.L. of Ajit Kr. Thakur to drive non transport vehicle was since 05-05-2021 and for transport vehicle it was valid since 12-03-14. Occurrence (accident) took place on 27-05-2014, so, It is clear that on the date of occurrence that is on 27-05-2014 the Driver Ajit Kr. Thakur had no valid and effective to ply the transport vehicle.
According to section 3,(1) of the MVA 1988 “-No person shall driver motor vehicle in any public place unless he holds and effective D.L. issued him authorized him to drive the vehicle and no person shall so drive a transport vehicle other than (a motor cab or motorcycle hired for own use or rented under any scheme ( made under sub section-2 of section 75) unless his driving licence specifically entitles him so to do.
Section-5 declare that no or person incharge of motor vehicle shall cause or permit any person who does not satisfied the provisions of section-3 of the Act to drive the vehicle section-2 (47)of motor vehicle Act-1988 defines transport vehicle. Transport vehicle means public service vehicle, a goods carriage and educational institutional bus or Pvt. Service vehicle.
It is admitted fact that the vehicle in question was bus and comes within purview of transport vehicle defined u/s – (2) 47 of the MVA -1988. From annxure-6 it transpire that the driver of the vehicle was not authorized by valid licence to ply the transport vehicle on the date of occurrence and the owner/complainant authorized a person who was not holding a valid and effective D.L. on the date of occurrence to drive the vehicle. Annexure-7- also shows that the driver Ajit Kr. Thakur was authorized to drive transport vehicle since 12-03-2014 but his license was genuine to driver the non transport vehicle since 05-05-2021. Annexure-8 shows that the o.p. insurance company has repudiated the claim on the ground that the driver was not authorized by valid D.L. to drive the transport vehicle on the date of occurrence.
Hon’ble Supreme Court of India has decided the like above matter in the case of New India insurance company Ltd. V/s Suresh Chandra Agarwal on 10-07-2009 and Hon’ble Supreme Court has categorically decided the transport vehicle and light motor vehicle. In the above case. Hon’ble Supreme court has observed that if the driver had not an effective and valid licence on the date of occurrence to drive the transport vehicle, claimant is not entitled for compensation.
Accordingly, on the basis of above discussion we are of the considered opinion that the driver of the bus bearing no. BR06PA-5640 had not effective and valid license on the date of occurrence to drive the transport vehicle on the date of accident. So, there is no deficiency in on the part of o.ps and o.ps have rightly repudiated the claim of the complainant.
Accordingly, this complaint petition is dismissed without cost.
Dr. Narayan Bhagat. Anil Kumar Singh.
Member President
