Orissa

Cuttak

CC/21/2017

Sk Sujat Alli - Complainant(s)

Versus

Chief General Manager,New India Assurance Co Ltd - Opp.Party(s)

S K Gupta

21 Sep 2017

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.21/2017

 

Sk. Sujat Alli,

At:Nua Bania Sahi,P.S:Choudwar,

Dist:Cuttack.                                                                      … Complainant.

 

                Vrs.

 

1.        Chief General Manager,

       The New India Assurance Co. Ltd.,

       87,M.G.Road,Fort,Mumbai-400001.

 

2.        Branch Manager,

       The New India Assurance Co. Ltd.,

Branch Office-II,Ist Floor,

               Surya Vihar,Link Road,

Cuttack-753001...                                                                 … Opp. Parties.

 

Present:              Sri Dhruba Charan Barik,President.

Sri Bichitra Nanda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:     18.02.2017 

Date of Order:   21.09.2017

 

For the complainant                    :       Mr. S.K.Guptap,Adv. & Associates.

For the Opp. Parties.                   :       Sri R.M.Mohanty,Adv. & Associates.

 

Sri Bichitra Nanda Tripathy, Member.

The case is against deficiency in service on the part of O.P.

1. Shortly the case is that the complainant had purchased a car bearing Regd. No.OD-02-B-5375 of Make Nissan Micra XV.  It was financed by Capital First Ltd. and was registered with R.T.O B Bhubaneswar(Annexure-1).  The said car was insured with O.P No.2 on 22.10.2016 vide policy No.55030331150300002361 for a premium of Rs.13,280/- (Annexure-2).   On 20.6.2016 the said car met with an severe accident and the vehicle was totally damaged.  The complainant intimated the matter to O.P.No.2 on 09.09.2016.  O.P.No.2 vide their letter dt.23.09.2016 requested the complainant to submit the relevant documents (Annexure-3) and accordingly the complainant submitted all the documents. On 08.11.2016 O.P No.2 repudiated the claim vide letter No.550303/OD/2016 on the ground that on the relevant date the driver Mr. Sarafat Alli had no valid driving license(annexure-4).  The complainant has intimated further that he himself was driving the car at the time of accident and it was not Mr. Sarafat Alli as alleged by O.P No.2.  Since the complainant who was driving the vehicle had a valid license, O.P No.2 had repudiated the claim intentionally to harass the complainant.  Finding no other way, the complainant has taken shelter of this Forum.  He has prayed to direct the O.ps to settle the claim amount of Rs.1,30,000/- with interest and a further sum of Rs.10,000/- towards mental agony and litigation expenses.
2. O.P No.2 vide their written version dt.11.04.2017 has intimated that the complainant had insured the vehicle bearing No. OD-02-B-5375 with the O.P No.2 vide policy No. 55030331150300002361 and the said policy was valid from 05.02.2016 to 06.10.2016.(Annexure-D/1). The vehicle met with an accident on 20.06.2016 at Hanspal.  On receipt of the intimation one surveyor was appointed and the said vehicle was inspected by the surveyor at the dealer’s workshop.  After completing the formalities, the surveyor recommended to settle the claim for Rs.1,05,000/-(Annexure-D/2).  The claim form as submitted by the claimant is enclosed vide Annexure-D/3 and letter of intimation is enclosed vide Annexure-D/4.  Copy of driving license of the driver who was driving the vehicle at the time of accident is enclosed vide Annexure-D/5.  An investigator was appointed after receipt of the survey report.  The investigator obtained a certified copy of the driving license bearing No.OR-05-1994157344 corresponding to old D.L No.5977/93-94 of one Md. Sarafat Alli who was driving the vehicle at the time of accident.  The certified copy of the D.L revealed that the previous D.L had expired on 25.02.2014 and was renewed from 14.09.16 .  The record confirms that there was no license to drive any vehicle from 26.2.14 to 13.9.16 and the accident was incurred on 20.06.16.  (Copy of D.L filed vide Annexure-D/6).  Thus it is clear that the driver who was driving the vehicle on 20.6.16 had no valid driving license as on that date.  Thus the terms of policy as well as  the law governing the necessity of having a valid driving license were violated for which the claim was not payable and the claim was repudiated.  The complainant was intimated accordingly also.  Hence, there was no deficiency in service on the part of O.Ps.
3. We have gone through the case records in details and perused minutely the documents as submitted by the complainant as well as by the O.P.  It is learnt that the vehicle was  insured for the period from 5.2.16 to 06.10.16 vide policy No.55030331150300002361.  The accident took place on 20.6.16. In the claim form as submitted by the complainant to O.P No.2 it is stated that Md. Sarafat Ali was driving the vehicle and his D.L was valid till 25.2.14.  In the claim intimation letter as submitted by the complainant it is also stated that Md. Sarafat alli was driving the vehicle.  The D.L of Md. Sarafat Ali reveals that it was valid from 4.7.2002 to 25.2.14.  From the copy of extract of D.L as issued by R.T.O,Cuttack and as submitted by O.P it is clear that the D.L was valid till 25.2.14 and again renewed from 14.9.16 and it was established that Md. Saraft Ali  who was driving the vehicle had no valid driving license for the period from 26.022014 to 13.9.2016 and the accident was occurred on 20.06.2016.  Vide Civil Appeal No.2729 of 2009, decided by Hon’ble Supreme Court of India on 07.07.2015  it was held that “Insurance Policy has to be strictly construed and it has to be read as a whole and nothing should be added or subtracted.   It is duty of  Court to interpret documents as is understood between parties and regard being had to reference to stipulations contained in it.” [2017 (1) CPR 18(SC)].  As per policy conditions and Sec-3 of Central Motor Vehicle Rules,1989, a person must hold aneffective driving license at the material time of accident.  In the present case Md. Sarafat Ali had no valid D.L on the date of accident i.e. 20.6.16.  It was also decided by Hon’ble National Commission on 05.01.2015 vide Revision Petition No.396 of 2009 that “Lack of valid driving license can vitiate insurance claim” [2015(1) CPR 226(NC)].

Basing on the facts and circumstances as stated above, it is observed that the complainant has failed to prove the deficiency in service on the part of O.P.  Hence the case is dismissed.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 21^st   day of September,2017 under the seal and signature of this Forum.

 

   (Sri B.N.Tripathy )

                                                                                                             Member.

 

                                                                                                                                    

                                                                                                     (  Sri D.C.Barik )

                                                                                                                   President.

 

                                                                                                    (Smt. Sarmistha Nath) 

                                                                                                   Member(W).