Orissa

Jharsuguda

CC/24/2018

Sri, Ajit Singh S/O- Durga Prasad Singh - Complainant(s)

Versus

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

R.K. Das

04 Feb 2019

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO.24 OF 2018

 

Ajit Singh ( 52 Years.),

S/O- Durga Prasad Singh,

R/O: Dipupada, Jharsuguda,

PO/PS/ Dist: Jharsuguda, Odisha………………………………………Complainant.

     

                                           

Versus

 

1. Branch Manager,

The Oriental Insurance Company Ltd.,

Kalimandir Road, In-front of HP Petrol Pump,

PO: K.M Road, Jharsuguda,

PS/Dist: Jharsuguda.

 

2. Divisional Manager,

Divisional Office of the Oriental Insurance Company Ltd.,

Ashoka Talkies Road, Sambalpur,

PO/PS/Dist: Sambalpur- 768001.

 

3. The Regional Manager,

The Oriental Insurance Company Ltd.,

Alok Bharti Tower, Sahid Nagar,

Bhubaneswar- 751007……………………...………....….……...Opp. Parties.

 

Counsel for the Parties:-

For the Complainant                                   R.K. Dash, Adv.& Associates.

For the Opp. Parties                                    B.K.Purohit, Adv.& Associates.

 

Date of Order: 04.02.2019

Present

1. Shri Sundar Lal Behera, President.

                                                                               2. Shri Santosh Kumar Ojha, Member.

                                                                                3. Smt. Anamika Nanda, Member(W).

 

Shri Sundarlal Behera, President : -  Complaint in brief is that the complainant is the registered owner of vehicle bearing Regn. No. OR 23E-4777(INNOVA GX) which was insured with the O.Ps Insurance company for a period from dtd.30.05.2016 to mid-night of 29.05.2017 for Rs.6,90,000/- only. On dtd. 06.08.2016 the said insured vehicle was met with accident, Station Diary thereof was entered on the complaint of the complainant on dtd.09.08.2016 before the Kutra Police Station. Owing to the accident the vehicle suffered severer damaged and the matter of accident was also reported to O.Ps Insurance Company. As per the instruction of the insurer the said vehicle was taken to one TOYATA FIELD MOTOR Private Ltd., Kulunga Rourkela for its repairing work and delivery of the said vehicle was given to the complainant put forth his claim  of Rs. 4,74,560/- only before the O.Ps. Insurance company, the expenditure incurred along with labour charges etc vide invoice dtd. 31.08.2016. The complainant also claims to have furnished all the vehicular documents, driving license of the driver including the repairing bills dtd. 31.08.2016 to the O.Ps. Insurance company for settlement of his claim but unfortunately the O.Ps. Insurance company has repudiated the claim on the ground that the driving license of the driver at the material date and time of the accident was neither valid nor effective amounts to violation of policy conditions and repudiation letter dtd. 10.03.2017 was sent to the complainant.  Being aggrieved with the said rejection of his claim, alleging deficiency in service the complainant has filed this complaint praying for direction to the O.Ps. Insurance company for payment of Rs.4,74,560/- only along with compensation and cost.

 

The O.Ps./ Insurance company has appeared through his counsel and contested the case.  They have filed their written version wherein issuance of policy as well as the accident of the vehicle, lodging of claim are not disputed.  The O.Ps Insurance company claims to have rightly repudiated the claim due to the violation of policy condition. According to the O.Ps Insurance company the vehicle insured was insured under the passenger carries commercial vehicle package policy of the insurance but on detection of the fact that the vehicle was driven by the driver Krushna Sahu on the date and time of the accident was not having a driving license which authorized him to drive passenger carrying vehicle i.e. the insured vehicle without any PSV Batch.  The O.Ps. Insurance company further submit that though the Surveyor assessed net loss of Rs.4,65,000/-. The O.Ps Insurance company after application of their mind accepted the cost of spare parts at Rs.4,69,748.74P where from deducted 25% there from due to no spot survey and finally fixed payable claim at Rs.3,45,000/- only to be paid to the repairer but due to the violation of the policy condition without payment, the claim was repudiated.  According to the O.Ps. Insurance company repudiation is justified due to violation of policy condition and sought for dismissal of the complaint.  

 

 On perusal of the pleading of the parties, on verification of the copies of documents files on behalf of the parties, after going through the brief written argument placed by the parties and after hearing from both the side it can be stated that the O.Ps. Insurance company had rejected the claim holding the driving license of the driver at the time of accident to be not valid and not effective as per the driver’s clause of the policy.  Extract of driving license of the driver Krushna Sahu is placed by the O.Ps. Insurance company.  The said driving license has authorized the driving license holder to drive non-transport and goods vehicle.  The said driving license dtd. 03.10.2016 was valid from dtd.23.09.2008 to 28.11.2016.  On verification of the driving license no. OR2320080005110 did not authorized the driver Krushna Sahu to drive passenger carrying vehicle i.e. the insured vehicle No. OR 23E-4777.  As per the drivers clause of the policy issued to the complainant a person holds and effective driving license at the time of accident and is not disqualified from holding or obtaining such a license but nowhere in the policy it is specified that due to infringement of the driver’s clause only insurance claim can be discarded. Now it is cleared that the driving license of the driver at the time of accident was valid but not effective and for this reason only the O.Ps. Insurance company should not have rejected the claim of the complainant. In this connection a decision of our own State Commission can be referred. Hon’ble State Commission of Odisha has decided alike matter which has been reported in 2006(1) CPR-29 wherein Hon’ble commission held that insurer cannot be absolved from its liability on the ground, the driver has no effective driving license.

 

 In view of the aforesaid decision referred above repudiation of the claim of the complainant on that ground is invalid and unjustified.  In our opinion the complainant is eligible to get the amount assessed by the Surveyor of Rs.4,65,000/- only.  We therefore allowed the complaint and the O.Ps. Insurance company are hereby directed to pay a sum of Rs.4,65,000/- ( Rupees four lakh sixty five thousand) only to the complainant along with interest @ 9% p.a from the date of repudiation i.e. dt.10.03.2017. Further the O.Ps. Insurance company are hereby directed to pay a sum of Rs. 2,000/- (Rupees two thousand) only towards litigation cost to the complainant.

 

All the aforementioned awarded amounts are to carried out within 30(thirty) days from the date of receipt of this order.  

     

Accordingly the case is disposed of.

Order pronounced in the open court today the 4^th day of February’ 2019. Free copy of this order be communicated to the concerned parties as per rule. 

                                                      I Agree.                             I Agree.                                                                                          

                                          

                                                    A. Nanda, Member(W)      S.K.Ojha, Member                  S. L. Behera, President           

Dictated and corrected by me

 

                                                                                             S. L. Behera, President