Orissa

Jharsuguda

CC/17/2016

Nabin Meher S/O Padmalochan Meher - Complainant(s)

Versus

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

N.K.Mishra

30 Aug 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM JHARSUGUDA.
ODISHA
 
Complaint Case No. CC/17/2016
 
1. Nabin Meher S/O Padmalochan Meher
At/Po-Ledhimang Ps-Sundargurd
Sundargarh
Odisha
...........Complainant(s)
Versus
1. Branch Manager The Oriental Insurance Co.Ltd
At Kalimandir Road,infornt of HP Petrol Pump Po-Kalimandir Road Ps-Jharsuguda
Jharsuguda
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sundar lal Behera PRESIDENT
 HON'BLE MRS. ANAMIKA NANDA MEMBER
 HON'BLE MR. SANTOSH KUMAR OJHA MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 30 Aug 2017
Final Order / Judgement

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER  COMPLAINT  CASE NO. 17 OF 2016

Nabin Meher ( 43 Yrs.),

S/O: Padmalochan Meher,

R/O/PO: Ledhimang,

PS/Dist- Sundargarh, Odisha………………………..…………………..…… Complainant.

     

                                           Versus 

 

Branch Manager,

The Oriental Insurance Co. Ltd.,

At: Kalimandir Road, Infront of HP Petrol Pump,

PO: Kalimandir Road,

PS/Dist: Jharsuguda, Odisha………………….............................................. Opp. Party.

 

Counsel for the Parties:-

For the Complainant                                 Sri N.K.Mishra, Adv. & Associates.

For the Opp. Party                                   Sri A.K.Mishra, Adv. & Associates.

 

Date of Order: 30.08.2017

 

Present

                                             1. Shri S.L.Behera, President.

                                             2. Shri S.K. Ojha, Member.

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

                                                                                            

Shri S.K. Ojha, Member:-  In brief, the fact of the case is that, the complainant is a registered owner of one Mahindra Genio-SC 2WD vehicle bearing Regd. No.OR-23E-8594 which was insured with the O.P Insurance company (Oriental Insurance Company Ltd., Jharsuguda) under the policy No.345604/31/2014/991, valid from 08.01.2014 to 07.01.2015.  During the continuance of the said insurance policy, on dtd. 06.08.2014 the aforesaid vehicle of the complainant met with an accident causing severe damage. The matter of accident was reported to concerned Police station as well as to the O.P Insurance Company. The complainant incurred total expenditure of Rs.3,62,853/- only towards repairing of his vehicle but the O.P repudiated the claim on dtd.30.06.2015 on the ground that the driver had not valid and effective driving license at the time of accident.  The complainant alleges the illegal repudiation of insurance claim by the O.P and filed this case for proper relief.

The O.P. Insurance company contested the case on the ground of violation of the policy condition and have repudiated the claim of the complainant. The O.P Insurance Company contented that at the time of accident one Abinash Mishra was driving the insured vehicle who was having valid driving license but the same was not effective. One Surveyor was appointed who investigated the incident and submitted report by assessing loss at Rs.1,86,000/- only for full and final settlement. The O.P. Insurance company denied to have rendered any deficient service in respect to the complainant due to the above stated reason.

Both the parties have filed their respective evidences along with copies of relevant documents in support of their claim.

Heard from both the sides in length and gone through the documents available.  It is not disputed that complainant was having valid insurance policy in respect to his vehicle and the said vehicle was met with an accident causing damage to it.  The vehicle was insured from dtd.08.01.2014 to 07.01.2015 and the accident taken place on dtd.06.08.2014 i.e. within the validity of insurance period.  The Driving license particulars of the driver namely Abinash Mishra so also the Surveyor Report prepared by the independent Surveyor namely Er.Goutam Das reveal the same facts that the driving license bearing No. OD-1620120058255 was issued on dtd.10.10.2012. The said driver, Abinash Mishra was authorized to drive LMV, MCWG and TRANS only. The validity of the said license was upto dated 09.11.2016 (Transport) where the accident occurred on dtd. 06.08.2014 i.e. at the time of accident the said driver was having valid driving license.

Now it is required to discuss/analyze whether such endorsement is required as per law, or endorsement, authorizing to drive transport vehicle is sufficient to drive vehicle in question.  For this purpose it is essential to evaluate the definition of light motor vehicle defined U/S-10(d) of the Act, transport vehicle defined U/S-10(e) and Sec-2(47) of M.V Act, 1988.

Section 10(d) Light Motor Vehicle:

            A person holding such a license can drive any vehicle (other than two wheeler) of below stated description:

  1.  Transport vehicle or Omnibus with gross vehicle weight up to 7,500 KG.
  2. Motor car, Tractor, Road Roller with unladen weight up to 7,500 KG.

Now all the vehicles with the above specification will come under the purview of LMV.

Transport Vehicle Sec-10 (e):

            The transport vehicle has replace the following category of vehicle vided amendment 1994 in Motor Vehicle Act, 1988.

  1. Medium goods Vehicle.
  2. Medium passenger Motor Vehicle.
  3. Heavy Goods Vehicle.
  4. Heavy passenger Motor Vehicle.

Further the word Transport Motor Vehicle has been defined in sec-2(47 of M.V Act,1988) as –            Transport Vehicle means Public Service Vehicle, Goods Carriage, an Educational Institutional bus or a Private Service Vehicle, therefore it covers following four category of vehicle-

  1. Public Service Vehicle.
  2. Goods Carriage.
  3. Educational institutional Bus.
  4. Private Service Vehicle.

Thus, the holder of Transport Vehicle license is allowed to drive any medium/ heavy vehicle coming under Public Service Vehicle, Goods Carriage, Educational Institutional bus and Private service Vehicle.  Further it is essential to mention here that Transport Vehicle License can not be give unless one has held LMV License for the least of year.  In view of this legal position it is needless to mention that the holder of Transport Vehicle license can drive any LMV Vehicle as well may be goods or passenger carrying. 

      In this context, one can be easily draw instant interference that a person having Driving License Motor Vehicle with endorsement for Transport Vehicle is competent or authorize to drive LMV with goods carrying vehicle i.e. Transport Vehicle.   

On the other hand the complainant has incurred financial loss of Rs.3,62,853/- only towards expenditure on repairing of his vehicle.  The Surveyor and Loss Assessor Er. Goutam Das inspected the incidence and assess net loss of Rs.2,10,000/- only ( after deduction of salvage value). The surveyor report is a vital piece of document which should be given due weightage.

      Repudiation of insurance claim even after having valid and effective driving license is nothing but deficiency in service on the part of insurance company and a consumer is entitled to get proper relief.

      The above mentioned facts and circumstances needs to provide adequate relief to the complainant, hence this Hon’ble Forum considered its opinion to allow the complaint case with following directions to the O.P as follows;- 

                                                               ORDER

 The O.P. is hereby directed to pay a sum of Rs.  2,10,000/- (Rupees two lakh ten thousand) only towards insurance claim amount along with pay a sum of Rs.5,000/- (Rupees five thousand) only towards mental agony and harassment including litigation costs, within 30 (thirty) days from the date of receipt the copy of this order, failing which the O.P shall be liable for interest @ 10% per annum on the abovementioned awarded amounts till its realization.

Accordingly the case is disposed of.

Order pronounced in the open court today the 30th day of August’ 2017. Free copy of this order be communicated to the concerned parties as per rule. 

          I Agree.                             I Agree.                                                                                           

                                         

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

Dictated and corrected by me

 

S.K.Ojha, Member

 

           

 
 
[HON'BLE MR. Sundar lal Behera]
PRESIDENT
 
[HON'BLE MRS. ANAMIKA NANDA]
MEMBER
 
[HON'BLE MR. SANTOSH KUMAR OJHA]
MEMBER

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