ORDER

(Passed on 30 /11/2018)

PER SHRI.ATUL D.ALSI, PRESIDENT.

   The complainant has filed this complaint U/s 12 of the Consumer  Protection Act,1986 alleging deficiency in service in repudiating his insurance claim for

personal injuries and damaged vehicle and thereby claiming compensation of Rs.1,40,000/- and cost of proceeding.

2. The brief facts leading to this petition are that the complainant  has purchased two wheeler motor cycle bearing No.MH 34, BE 0474 on 8/5/2017 vide invoice No.17 V S 00199 from Shivshankar Motors, Nagpur.  This vehicle was insured with the OP vide policy No.1EV885SY P400 Policy 29085375 for the period 8/5/2017 to 7/5/2018.

3.       On 7/7/2017 at 8.50 p.m. when the vehicle was parked near the Pan Shop of Kalyan Walde, one Tata Sumo which was driven rash and negligently gave dash to the complainant’s vehicle due to which the vehicle of the complainant got damaged and the complainant also sustained injuries.  An offence U/s 279, 337 and 427 of IPC came to be registered at Chandrapur  Police Station vide Crime No.1036/17 on 8/7/2018 against the driver of the Tata Sumo. After intimation to the insurance company, the insurance company appointed surveyor Mr.Vikas Wagale who inspected the vehicle and assessed the loss.  Thereafter the vehicle has been sent to the service centre by the complainant for carrying out repairs.

4.         The complainant lodged insurance claim amounting to Rs.50,000/- for the injuries sustained in the accident and for Rs.40,000/- towards repairs of the vehicle with the OP.  But the OP repudiated the claim on the ground  that the complainant was not having valid and effective driving license at the relevant time of accident to drive the motor cycle. The complainant has effective and valid driving license. Hence the repudiation of claim amounts to deficiency in service. Hence, the complainant has filed this complaint.

5.       The complaint is admitted and notice was served on the OP. The OP filed its reply and thereby denied allegations against it and submitted that the complainant was not holding valid and effective driving license at the time of accident.  The complainant was holding driving license for Four wheeler transport and Heavy Motor Vehicle but was not holding license to drive two wheeler motorcycle. Hence there is a breach of terms and conditions of the policy and as such, the insurance claim of the complainant is repudiated.  The complainant has filed motor vehicle accident claim before the Motor Accident Tribunal against the said repudiation claiming insurance amount for personal injuries and damage of vehicle bearing case No.126/18 which is pending before the Motor Accident Claims Tribunal, Chandrapur. Hence the present complaint filed on the same cause of action and for the same relief between the same parties can not be sustained.  Therefore, the present petition is liable to be dismissed with cost.

6.       Counsel for the complainant was absent at the time of argument. The counsel for the OP adopted its reply as its affidavit and oral arguments by filing pursis at Exhibit 11.

7.         10. We have gone through the complaint, written versions filed by OP, affidavit, documents and WNA filed by the parties. We have also heard the oral arguments advanced by parties.

                    Points                                                                                     Finding

1.  Whether  the Forum has jurisdiction to entertain

     the complaint ?                                                                               No

2.  What order ?                                                                  As per final order..

As to issue No.1 & 2

8.      Undisputedly, the complainant has filed motor vehicle accident claim before the Motor Accident Tribunal against the repudiation of his insurance claim by the OP,  claiming insurance amount for personal injuries and damage of vehicle bearing case No.126/18 which is pending before the Motor Accident Claims Tribunal, Chandrapur. The complainant has filed present complaint on the same cause of action and for the same relief and against  the same opposite party and it is pending before the MACT.  The Forum has no jurisdiction in respect  of personal injuries arose out of motor vehicle accident which is having under under Motor Vehicle Act before Motor Vehicle Tribunal and the complaint can agitate both the claims before Motor Vehicle Tribunal. Furthermore, to avoid the multiplicity of suits and conflict of judgments on the same issue involved in this matter, the present petition is liable to be dismissed. Hence we pass the following order..

Final order

1. The Complaint is dismissed.

2.  No order as to cost.

3. Copy of the order be furnished to both the parties free of cost.

(Smt.Kalpana Jangade (Kute)  (Smt.Kirti Vaidya (Gadgil)     (Shri.Atul D.Alsi)

               Member                                 Member                                    President