Jharkhand

Bokaro

CC/18/11

Ramesh Kumar Sharma - Complainant(s)

Versus

Chola Mandalam General Insurance Co. Ltd. - Opp.Party(s)

D.K. Mishra

24 Jan 2023

ORDER

          District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-27-01-2018

Date of final hearing-24-01-2023

 Date of Order-24-01-2023

Case No. 11/2018

Ramesh Kumar Sharma S/o- Satyanarayan Sharma

 R/o- Sector 2/D, Q.No.- 2-297, P.S.- B.S.City

 Bokaro Steel City, District- Bokaro

Vs.

M/s Chola Mandalam General Insurance Co. Ltd.

 Through Claims Manager, Tiwari Enclave,

 3^rd Floor, Office No. 303, Circular Road, Lalpur, Ranchi, 834001

                             Present:-

                             Shri Jai Prakash Narayan Pandey, President

                   Smt. Baby Kumari, Member

 

PER- J.P.N Pandey, President

-Judgment-

1. Complainant has filed this case with prayer for direction to O.Ps. for payment of Rs. 10,00,000/-  with interest @ 12% on account of repair cost of the vehicle and to pay Rs. 2,00,000/-  as compensation and Rs. 20,000/- as litigation cost.
2. Complainant’s case in brief is that he is owner of Truck JH09Q-6055 which was insured with O.P. M/S Chola Mandalam General Insurance Co. Ltd. vide Policy No. 3379/01454814/001/00 for the period from 22.06.2016 to 21.06.2017 for IDV Rs. 10,00,000/-. Further case is that on 05.03.2017 while said truck was going to Giridih after loading Cement suddenly one motor cycle came in front then to save the motorcyclist truck fell from the bridge and badly damaged. Further case is that S.D.E. No. 09/2017 was lodged with local Police and claim was also made with the O.P. in respect to repair cost of the vehicle but claim has been repudiated on the ground that on the day of accident driver was not holding valid driving license which was violation of terms and condition of the Insurance policy.
3. O.P. appeared and has filed W.S. mentioning therein that as per complaint petition complainant is not the consumer because he himself admits that vehicle was being used for commercial business purpose. Further reply is that as per complainant said truck was being drive by Abhishek Kumar whose driving license was valid till 26.01.2017 and after expiry of grace period of one month he applied for renewal of the driving license which was issued on 08.03.2017 but prior to it occurrence was occurred on 05.03.2017 hence claim has been repudiated on the basis of breach of driver clause.
4. Point for consideration is whether complainant is entitled to get relief as claimed ?
5. On perusal of the papers annexed with the complaint petition it appears that alleged occurrence of accident took place on 05.03.2017 while the vehicle was being driven by one Abhishek Kumar whose driving license was valid till 26.01.2017 and during grace period also he has not applied for renewal of the D.L. rather he applied for renewal of the D.L. on 02.03.2017 after expiry of the grace period. In this way it is very much clear that on 05.03.2017 vehicle concerned was being driven by a person who was having no valid driving license and complainant has given the vehicle to an unauthorized person. Mere on the basis of the subsequent issuance of the D.L. on 08.03.2017 with back date it cannot be said that on the day of occurrence of accident vehicle concerned was handed over by the complainant to a competent person and there is no illegality by driving the vehicle by the person who was holding no valid license. From the papers annexed with the complaint petition it is apparent that complainant has not produced any receipt regarding actual payment made in repair of the vehicle concerned.   Therefore we are of the view that O.P. has righty repudiated the claim and there is no any deficiency in service by the O.P. In light of above discussion we are of the view that complainant has not proved his case for grant of any relief. Accordingly this point is being decided against the complainant.
6.  In light of above discussion case is dismissed on merit and parties shall bear their own costs.

 

 

(J.P.N. Pandey)

                                                                                      President

                                                                                               

 

 

                                                                               (Baby Kumari)

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