West Bengal

Bankura

CC/13/2023

Jyotsna Ghosh - Complainant(s)

Versus

ICICI Lombard Motor Insurance - Opp.Party(s)

Ardhendu Sekhar Ghosh

21 Dec 2023

ORDER

   IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 13/2023

                                                      Date of Filing: 30/01/2023                                               

Before:                                        

1. Samiran Dutta                            Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member. 

 

For the Complainant:  Ld. Advocate Ardhendu Sekhar Ghosh

For the O.P.:  Ld. Advocate Prabir Banerjee

Complainant  

Jyotsna Ghosh W/O- L Dinabandhu Ghosh, Village- Deuli, Post&P/S- G ghati, dist- Bankua-722133

 

Opposite Party 

1.ICCI Lombard Motor Insurance, Seventh Floor, Apeejay House, 15 Park Street, Kolkata- 700016

 

FINAL ORDER / JUDGEMENT

 

Order No.11

Dated:-21-12-2023

Both parties file hazira through Advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that her husband was the registered owner of Hero Glamour Motor Cycle, Registration No. being WB 68Z 8192, insured with O.P./Insurance Co., Policy No. being 3005/43118793/10722/000, valid from14/12/2018 to 13/12/2023 with Compulsory P.A. Cover (Owner Driver) to the tune of Rs.15 Lakh. On 04/06/2019 the husband of the Complainant died in a Motor vehicle accident while he was driving his Motor cycle. The case was registered as Gangajalghati P.S. case No. 56/2019, dt.15/06/2019 u/s 279/304A IPC and the incident was reported to the Insurance Co. in due time followed by claim application but the claim remains unsettled. Hence this case.

O.P./Insurance Co. contested the case by filing a written version contending inter alia that the Complainant being the wife of the victim is not entitled to get the compensation as prayed for due to unreasonable delay in intimation of the incident to the O.P./Insurance Co. and non-production of Driving License of the husband of the Complainant.

                                                                                                                                                                            Contd……p/2

                                                                                           Page: 2

                                                                        -: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents from both sides the Commission finds that there is no dispute with regard to the factum of the accident and the death of the husband of the Complainant in the aforesaid motor vehicle accident while he himself was driving his Motor cycle. Mere delay in intimation to the Insurance Co. is a procedural lapses and cannot be seriously viewed for settlement of claim if it is otherwise maintainable. The Policy under reference stipulates Compulsory P.A. cover for owner driver to the tune of Rs.15 Lakh.

Ld. Advocate for the O.P./Insurance Co. has however contended that production of Driving License is must to succeed in this case and without production of Driving License no compensation can be allowed. On perusal of the Seizure list and the charge sheet it appears that though the victim Motor cycle was seized but no Driving License of the victim could be seized as it is found missing.

From all such documents the Commission cannot come to the Conclusion that the victim was at all in possession of any valid Driving License at the time of accident. Non-possession of Driving License or possession of invalid Driving License are both fundamental breach of the Policy which disentitles the claimant to get the Insurance claim. Original Driving License may be lost/missing / untraced because of the accident but it is not clear what prevented the Complainant to produce the Duplicate Driving License which is available from the concerned R.T.O Office.

The Commission is helpless to favour the Complainant with any award  in this case.

                                                                                                                                                            

Hence it is ordered……..

That the case be and the same is dismissed on contest but without cost.

Both parties be supplied copy of this Judgement free of cost.

 

 ____________________                _________________         

HON’BLE   PRESIDENT           HON’BLE MEMBER