<br /> D.o.F;05/05/08<br /> D.o.O:22/09/08<br /> IN THE CONSUMER DISPUTES REDRESSAL FORUM KASARAGOD<br /> CC. NO.61/08<br /> Dated this, the 22nd day of September 2008<br /> PRESENT:<br /> SRI.K.T.SIDHIQ :PRESIDENT<br /> SMT.P.RAMADEVI : MEMBER<br /> SMT.P.P.SYAMALADEVI : MEMBER<br /> <br /> Padmadas .M.R,<br /> S/o Raghavendra,<br /> R/at Padmadas Nivas, : Complainant<br /> Near Govt. Hospital,Hosdurg,<br /> Po.Kahangad.<br /> <br /> <br /> Manager,<br /> United India Insurance Co.<br /> Nithyananda Building,Kottachery, : Opposite party <br /> Po.Kanhangad.<br /> <br /> ORDER<br /> SRI.K.T.SIDHIQ : PRESIDENT<br /> <br /> Whether a person holding license to drive Light Motor Vehicle and transport vehicle is a duly licensed driver to ply three wheeler goods carriage vehicle is the moot question raised in this complaint.<br /> The facts leading to the complaint are that the Tempo Cargo bearing Reg.No. KL-14/C 8109 insured with United India Insurance Co.Ltd belongs to Padmadas, the complainant here in. The said vehicle was collided with a KSRTC bus on 24/11/2007 and became damaged. The opposite party with whom the vehicle was insured was duly intimated, and a surveyor appointed and assessed the damages. But the claim for own damages preferred by Padmadas was repudiated on the ground that the driver was not having effective driving license ,though the driver was possessing effective driving license to drive the vehicle at the time of accident. The vehicle is described as tempo cargo carrier in RC. The vehicle eventhough having only three wheels, it was having steering and it was a light motor vehicle. Hence the repudiation of the claim on the ground that the driver was not possessing effective driving license amounts to deficiency in service. Hence the complaint.<br /> <br /> 2. According to opposite party at the material time of accident the driver was not holding an effective driving license. Driving any vehicle with any license not related to the vehicle is not contemplated under law or policy condition and since the complainant is liable for fragrant violation of a material condition of the policy, he is not entitled to any relief. The remedy for the compliant is against KSRTC bus which collided with the vehicle of the complainant and the complainant is bound to prove that he has not claimed against KSRTC. Since the complainant violated the conditions of policy issued to him the claim is repudiated. Separate license is issued for three wheeler by the RTO and the claim of the complainant that license to drive Light Motor Vehicle can be made use for driving the Tempo cargo career is only an attempt to cover up his shortcoming . The driver of the complainant was driving the said vehicle with the said license since two years prior to the accident. The complaint is filed an experimental basis and he is not entitled for any relief. Hence the complaint deserves a dismissal.<br /> <br /> 3. On the side of Padmadas Exts.A1 to A3 are marked. Exts.B1 to B5 were marked for opposite party. Both sides were heard and the documents perused.<br /> 4. The contention of the complainant’s counsel is that since the driver who is plying the vehicle was having effective driving license to drive light motor vehicle and transport vehicle, he could have been considered as a person competent to drive tempo carriage vehicle eventhough it was having only three wheels and after the amendment in 1994 to Sec.2(10) of Motor Vehicles Act, a person holding Light Motor Vehicle license need not required to obtain three wheeler driving license, hence the repudiation of claim on the ground that at the material time the driver was not holding effective driving license amounts to deficiency in service on the part of opposite party.<br /> <br /> 5. On the other hand, the counsel for opposite party Sri.C.Damodaran argued that in order to ply three wheeler motor vehicles separate authorization is required from the concerned Licensing Authority since three wheeler is a vehicle which comes with in the purview of motor vehicles of a specified description as envisaged under Sec.10(2)(j) of the Motor Vehicles Act. He invited our attention to Ext.B4, which is a reply letter issued by the Joint Regional Transport Officer Kanhangad to the Senior Divisional Manager of opposite party in a reply to Ext.B3 in which clarification sought about the competency of a person holding license to drive light motor vehicle to drive three wheelers. In Ext.B4, the Jt. Regional Transport Officer has intimated that the holder of the light motor vehicle license has need separate authorisation to drive three wheeler goods vehicles. The counsel for opposite party also placed reliance on the case reported in 2008(3) KLT SN(C.No.27) SC , in which the Hon’ble Supreme Court has held that“ if a person has been given a license for a particular type of vehicle as specified there in , he cannot be said to have no license for driving another type of vehicle which is of the same category but of different type. The scooterist possessing license of HMV but not having license to drive scooter is in violation of Sec.10(2) of the M.V.Act. In the instant case the driver was not having separate endorsement to drive three wheeler vehicles eventhough he was possessing license to drive LMV and Transport Vehicles. <br /> 6. In view of the above discussion , we hold that the repudiation of the claim of Padmadas by United India Insurance Co. on the ground that at the relevant time of accident, the driver was not possessing effective driving license to ply 3 wheeler is quite sustainable and does not amounts to any deficiency in service.<br /> Hence the complaint is dismissed with no order as to costs.<br /> Sd/ Sd/ Sd/<br /> MEMBER MEMBER PRESIDENT<br /> Exts;<br /> A1-11/3/08-Copy of lawyer notice<br /> A2-postal acknowledgment<br /> A3-dt.24/3/08-letter issued by OP<br /> B1- Consent letter<br /> B2-dt.21/1/08-Survey report<br /> B3-25/7/08-letter from OP to the JRTO,Kanhangad.<br /> B4-dt.4/8/08- reply from JRTO,Kanhnagad to OP<br /> B5-Certified copy of the policy<br /> Sd/ Sd/ Sd/<br /> MEMBER MEMBER MEMBER<br /> <br /> <br /> <br /> <br /> eva/ <br />