MR BIBEKANANDA DAS, MEMBER:-
Complainant has filed the C.C.Case No. 145/2023 U/s-35 of C.P.Act, 2019 seeking to non settlement of Insurance claim the vehicle bearing Regd. No. OR-04L-3296 (Truck) is the grievance of Complainant.
Heard the Ld. Counsel from both the parties in length. Perused the documents available on record and also gone through the complaint petition & so also the written version and evidence affidavits filed by the Ops.
It is practically not possible on the part of any Private Truck owner to verify the Driving License of driver whether it is valid, Suspended or held up. A Private owner is to see and check that whether the driver is running/driving the vehicle properly or not. The Complainant insured his vehicle under Op No.1 to indentify for future uncertain event and accept consideration amount as premium to safeguard the Complainant from damage.”Service” as described under Sec-2(42) of C.P.Act, 2019 service of any description available to uses included Insurance. Non-payment of Insurance claim and so also repudiation of claim during subsistence of valid policy and also having sufficient material is deficiency in service coming under Sec-2(11) of C.P.Act, 2019. It is our considered view that the insurer should not repudiate the claim fixing liability on driver where his action/duties not connected with the damage of the vehicle and the invalid/suspended Driving License has nothing to do with the insurance claim of the Complainant towards the damaged vehicle in question.
We have gone through the recent Judgement of Hon’ble Supreme Court in Nirmula Kothar vrs United Insurance Co. Ltd. in Civil Appeal No. 1999/2000 of 2020 wherein it was held that, “ If the driver produces a license which on the face of it looks genuine, the employer is not expected to further investigate into the authenticity of the license unless there is cause to believe otherwise.” The citations submitted by the Op No.1 is not squarely applicable to the present C.C.Case.
Further, the Supreme Court has held that, the Insurance Company can’t repudiated the claim of vehicle owner merely because the driver was possessing a fake /suspended license. The onus always on the Insurance Company to prove that the insured did not take adequate care and caution to verify the genuineness of the license or as guilty of willful breach of the condition of the Insurance Policy. In National Insurance Co. Ltd. Vrs Swarn Singh & others 3(SCCPP341) Para 110(iii) wherein it was held that mere absence of fake or invalid/suspended driving license or disqualified of driver at relevant time are not in themselves defence available to the insurer to avoid its liability towards the insured. We are not inclined to accept the survey report submitted by Op No.1 and it will be just and proper to accept the estimate submitted by the Complainant towards repairing cost of the damaged vehicle as per valuation of OMM NAMAH SIBAY BODY BUILDER of Manguli, Cuttack. So repudiating the claim of Complainant on the ground of invalid/suspended Driving License is not sustainable in the eyes of law.
O R D E R
We therefore direct the Op No.1 to settle the Insurance claim of Complainant and shall pay Rs. 2,52,915/- alongwith @ 9% interest from the date of accident i.e from 15.05.2023 till date of payment. We also award Rs. 20,000/- towards mental agony harassment and Rs. 5,000/- towards cost of litigation which shall be paid by Op No.1 within a period of 45 days from the date of receipt of this order, failing which the Op No.1 shall be liable for execution proceeding under the C.P.Act,2019.
With the aforesaid direction and observation the C.C.Case No. 145/2023 is allowed & accordingly disposed off. No order as to cost.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 17th day of September, 2024.
I, agree,
SD/- SD/-
PRESIDENT MEMBER
