O r d e r

1. Present appeal has been filed on behalf of National Insurance Co. Ltd. for setting aside the order dated 13.02.2012 passed by District Consumer Forum, Siwan in Complaint Case no. 359 of 2011 whereby and whereunder the learned District Consumer Forum has directed appellant to pay sum assured amount of Rs. 1,00,000/- for death in accident of owner-cum driver of the insured vehicle and Rs. 13,167/- as cost of repair of damaged motorcycle along with Rs. 5,000/- as compensation for physical and mental harassment and Rs. 2,000/- as cost of litigation within two months failing which interest @15% per annum shall become payable.
2. Briefly stated the facts of the case is that husband of the complainant Shobha Lal alias Shobha Lal Mahto had purchased one motorcycle which was insured by opposite party/insurance company for the period from 08.03.2010 to 07.03.2011. The insured value with respect to motorcycle was Rs. 39,900/- and sum assured amount of personal accident policy of owner-cum-driver of the motorcycle was Rs. 1,00,000/-.  The motorcycle met an accident on 09.06.2010 while it was being ridden by Shobha Lal in which Shobha Lal died.
3. Complainant submitted a claim for payment of sum assured amount of Rs. 1,00,000/- due to accidental death of insured as well as cost of repair of the damaged motorcycle upon which a surveyor was appointed by insurance company who found that the motorcycle can not be repaired. However, neither any insurance claim with respect to damaged motorcycle nor any insurance claim with respect to death of her husband was paid as such she filed a consumer complaint case before the District Consumer Forum for payment of sum assured amount as well as damage caused to the motorcycle in accident upon which notices were issued to the opposite party /insurance company and they appeared and filed their written statement.
4. The opposite parties in their written statement stated that the motorcycle bearing temporary registration no. BHR-1P-4248 was being ridden by late Shola Lal without valid registration. The validity of temporary registration number is for one month whereas accident took place on 09.06.2010 i.e after the date expiration of date of temporary registration as such the owner of the vehicle violated the mandatory conditions of the insurance policy as well as section 39 of Motor Vehicles Act 1988.
5. Late Shobha lal was not having a valid and effective driving license to drive motorcycle at the material time of the accident. The driving license on enquiry was found to be invalid as such complainant was not entitled for claim against personal accident policy for Rs. 1,00,000/- as well as cost of repair of damaged motorcycle.
6. The District Consumer Forum after hearing the parties and considering the materials available on records held that surveyor after inspection of vehicle assessed the loss of motorcycle as Rs. 13,167/-. The District Consumer Forum held that as deceased had driving license to drive LMV as such deceased was competent to ride motorcycle also. Surveyor in its report has expressed doubt about the genuinity of the driving license and only doubt has been raised with respect to genuiness of driving license which does not make license invalid.
7. Complainant has not got motorcycle repaired and has stated that it can not be repaired and the surveyor has assessed the loss as Rs. 13,167/- as such directed payment of Rs. 13,167/- to the complainant along with Rs. 1,00,000/- as sum assured amount under personal accident policy. Insurance company has neither repudiated the claim nor paid the claim which amounts to deficiency in service and complainant has suffered physical and mental harassment as well as pecuniary loss for which she is entitled for compensation and accordingly directed to pay compensation of Rs. 5,000/- and Rs. 2,000/- as cost of litigation, aggrieved by which present appeal has been filed by the Insurance company.
8. It is submitted on behalf of appellant that on the date of accident the temporary registration number of the motorcycle had expired and there was no permanent registration number. It was further submitted that the driving license produced by the complainant was invalid as such complainant was neither entitled for personal accident claim nor loss on account of damage cause to the vehicle in accident.  The non-registration of the vehicle and driving vehicle without valid and effective driving license is fundamental breach of the terms and conditions of the insurance policy as well as provisions of Motor Vehicle Act, as such complainant was not entitle for insurance claim. On the other hand counsel for the respondent has supported the judgment and order passed by the District Consumer Forum and submits that same is well reasoned and well discussed and does not require any interference in appeal.
9. Heard the parties.
10. Complainant had miserably failed to establish that on the date of accident deceased had valid and effective driving license to drive two wheeler and Motorcycle had temporary/permanent registration number.
11. Absence of valid and effective driving license and riding motorcycle without registration number is fundamental breach of terms and conditions of insurance policy as well as violation of mandatory provisions of Motor Vehicle Act, 1988 as such complainant is not entitle to any insurance claim.
12. In case of United India Assurance Co. Ltd. Vs. Dabinder Singh 2007 (8) SCC 698 Apex court has held that insurance company in the event of accident, would be liable only if the vehicle was being driven by a person holding a valid driving license.
13. In case of United India Insurance Co. Ltd. Vs. Sushil Kumar Godara 2021(14) SCC 519 Apex court has held that plying vehicle without temporary/permanent registration is fundamental breach of terms and conditions of insurance policy  as well as violation of mandatory of provisions of Motor Vehicle Act, 1988 and insurance company is not liable to pay claim of own damages to claimant.
14. For the reasons as stated above the judgment and order dated 13.02.2012 passed by District Consumer Forum, Siwan in Complaint Case no. 359 of 2011  is neither sustainable in law nor on facts.
15. Appeal is allowed and complaint case no. 359 of 2011 filed before the District Consumer Forum, Siwan is dismissed.

(Ram Prawesh Das)                                                                                                             (Sanjay Kumar,J)

       Member                                                                                                                               President

Md. Fariduzzama