DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 193 of 2021

 

Sri Suman Debnath,

S/O- Sushil Kr. Debnath,

Santi Nagar, Teliamura Nagar Panchayat,

P.S. Teliamura, District- Khowai, 

Tripura- 799 205. ..................Complainant.

 

-VERSUS-

 

Magma HDI General Insurance Co. Ltd.,

Guwahati Divisional Office,

  Presently Situated at 2nd Floor, F Fort, 

Sarania, Ulubari, G.S. Road, 

Guwahati, Assam - 781007.

(Represented by its 

Branch Manager). ...….........Opposite Party.

 

    __________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

WEST TRIPURA, AGARTALA.

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  

DISPUTES  REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

 

 

C O U N S E L

 

For the Complainant : Sri Bijan Saha,

      Sri Partha Sarathi Chakraborty,

      Learned Advocates. 

 

For the O.P.      : None Appeared.

 

 

 

 

ORDER  DELIVERED  ON:   28.04.2023.

 

F I N A L    O R D E R

1. This complaint U/S 35 of the Consumer Protection Act, 2019 has been filed by the complainant Sri Suman Debnath alleging deficiency of service on the part of the O.P. Magma HDI General Insurance Co. Ltd.

1.1 The fact of the case in short is that the vehicle of the complainant bearing registration No. TR 06/A-1752 was duly insured with the O.P. Insurance Company covering period from 01.07.2019 to 30.06.2020. 

1.2 On 29.06.2020 the vehicle being loaded with (i)Slemens Clinitek Status + (Urine Analyzer) Inst.; (ii)Slemens Multistix 10SG-1X100 Strips; and(iii) Stable bleaching powder-400 bags was coming from Guwahati-Tripura  near  Katigorah Police Station, Assam. Suddenly fire broke out in the said vehicle. Resultantly his vehicle was completely damaged. 

1.3 G.D. Entry No. 17/2020 dated 29.06.2020 was registered with the O/C Katigorah P.S. 

1.4 The complainant lodged claim with the O.P.  claiming damage of the vehicle as per the policy of insurance. The O.Ps sought all relevant papers which were duly supplied. But vide letter dated 30.11.2020 the O.P. repudiated the claim on the ground that the driver did not have valid driving license and the vehicle carried hazardous goods without proper licence.

1.5 Hence, this case claiming Rs.38 Lakhs as damage of the vehicle with interest and compensation for deficiency in service. 

 

2. Summons were issued upon the O.Ps but the O.Ps did not appear. As such vide order dated 08.06.2022 the case proceeded exparte against the O.Ps.

2.1 On 10.04.2023 the O.Ps appeared with a petition for review of the exparte order dated 08.06.2022 with a separate petition for condonation of delay for filing the review petition on the ground of Covid -19 Pandemic. However, that petition was rejected on the ground that before 08.06.2022 the O.Ps got so many chances to appear even after exparte order dated 08.06.2022 the O.Ps did not appear on consecutive 7 dates. However, Learned Counsel of the O.P. was present and argument was heard of the Learned Counsel although Learned Counsel of the complainant was absent on that day. However, argument was closed considering the fact that this is a case of the year, 2021.

 

3. On the basis of evidence submitted by the complainant along with documents i.e., the policy of Insurance, letter of repudiation of claim by the O.P. Insurance company, copy of G.D. Entry and police report and also the Policy of Insurance, driving license of the driver, the following points are taken up together for discussion and decision:- 

(i) Whether the driver had valid driving license at the time of accident?

(ii) Whether the vehicle was authorized to ply inter-state?

 

(iii) Whether the vehicle carried any hazardous goods as per Rule 131 of the Central Motor Vehicle Rule?

 

DISCUSSION AND REASONS FOR DECISION:-

4. All the points are taken together for discussion and decision.

4.1 The complainant has submitted driving license of Subir Kr. Debnath which proves that the driver had valid driving license covering the period from 22.04.2021 to 10.06.2028. The authorization certificate of the vehicle issued by the Transport Department of Tripura proves that the vehicle had National permit to carry goods. The policy of Insurance is also not disputed and it shows that own damage premium was paid and total IDV was Rs.16,77,000/- covering the period from 01.07.2019 to 30.06.2020. However, as per Rule 9 of the Central Motor Vehicle Rules 1989, the driver has to have a specified driving licence to carry hazardous goods as listed in table III of the Central Motor Vehicle Rules 1989. But in the case at hand the driving licence of the driver does not prove that he had such special driving license. 

4.2 The Police Report of Katigorah P.S. shows that the vehicle and the loaded items were completely damaged due to the fire which broke out and the fire could be due to short circuit of the wiring system of the vehicle.

4.3 Rule 131 of the Central Motor Vehicle Rules 1989 mandates that for carrying hazardous goods listed in table (iii) the goods carried require a valid registration for carrying such goods along with other conditions as mentioned in clauses (b), (c), (d) of Sub-Rule (1) and conditions of Sub-Rule (2) and (3). In table (iii) of the Rules, there are 2319 items which have been declared as hazardous goods and the goods which were carried by the vehicle at the time of accident was bleaching powder along with other goods. Bleaching powder means Calcium hypocloride or calcium which is oxidising in nature as per entry No. 406 of the table and as such hazardous goods within the meaning of Table III, entry No. 406 of the Central Motor Vehicle Rules 1989. The owner has to obtain a special registration for carrying such hazardous goods. But the copy of registration certificate does not prove that the owner had such special registration certificate.

5. All the points are decided in negative against the complainant.

6. In the result, the case stands dismissed, however, without cost.

7. Supply copy of this final order to the parties free of cost.       

 

Announced.

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA,AGARTALA

 

 

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,AGARTALA.