Andhra Pradesh

Visakhapatnam-II

cc/38/2012

Pala Venkata Rao - Complainant(s)

Versus

M/s Bajaj Allianz General Insurance Company Limited - Opp.Party(s)

V.S. Pavan

15 Jul 2015

ORDER

                                              Date of Registration of the Complaint:09-02.2012

                                                                                                Date of Order:15-07-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II AT

                             VISAKHAPATNAM

 

P  r  e  s  e  n  t:

1.  Sri H. Ananda Rao, M.A., L.L.B.,

     President           

2. Smt K. Saroja, M.A. B.L.,

     Lady Member 

                                3. Sri C.V. Rao,  M.A., B.L.,

                                     Male Member

 

                             Wednesday, the 15^th day of July, 2015.

                                 CONSUMER CASE No.38/2012

Between:-

Sri Pala Venkata Rao, S/o Appa Rao,

Hindu, aged 40 years, residing at H. No.1-70,

Palavalasa Village, T. Devada Post,

Pedagantyada Mandal, Visakhapatnam.

….. Complainant

And:-

M/s. Bajaj Allianz General Insurance Company Ltd.,

represented by its Branch Manager, having Branch at

D. No. 10-1-44/9, 3^rd floor, Peejay Plaza, VIP Road,

CBM Compound, Visakhapatnam.

                                                                                         …  Opposite Party     

                     

          This case coming on 02.07.2015 for final hearing before us in the presence of Sri V.S. Pavan & P. Rekha Rani, Advocates for the Complainant and  Sri  V. Parthasaradhi, Advocate for the Opposite Party and having stood over till this date for consideration, this Forum made the following:

 

                                                ORDER

          (As per Sri. H. Ananda Rao, Honourable President, on behalf of the Bench)

 

1.       This consumer complaint is filed by the Complainant against the  Opposite Party  directing them to pay an amount of Rs.40,000/- (Rupees Forty thousand only) for the damage of the vehicle as estimated by the estimator with costs.

 

2.       The case of the Complainant in brief is that he is the owner of a two wheeler motor cycle model pulsar 150 DTS and he insured the said vehicle with the Opposite Party and the vehicle is under valid insurance coverage while so on 25.04.2010 at about 10:30 AM.  while he was proceedings on his bike a lorry dashed to his two wheeler,  as a result, he sustained grievous injuries and the vehicle was severely damaged and immediately on his report the case was registered and that he got verified the damage condition of the vehicle with Varun Motor Showroom who estimated an amount of Rs.40,000/- and immediately his submitted all the relevant papers to the Opposite Party for release of the insurance claim but they bluntly refused vide letter dated 5.10.2010, for the reason, that he is not holding valid driving licence.    Hence, this Complaint.

 

 3.      The case of the Opposite Party in brief is that the Complaint was not holding a valid and effective driving licence as on date of accident and as such, he is not entitled to claim for compensation and the same amounts to breach of terms and conditions of policy and also provisions of the MV Act.

 

5.       To prove the case on behalf of the Complainant, he filed his evidence affidavit and got marked as Exs.A1 to A4.   On the other hand, no evidence affidavit is filed by the Opposite Party and no documents were marked for the Opposite Party.

 

6.       Ex.A1 is the photo copy of First Information Report of the Complainant dated 25.04.2010.    Ex.A2 is the photo copy of letter addressed by the Opposite Party to the Complainant dated 5.5.2010.   Ex.A3 is the photo copy of Certificate Cum Policy Schedule dated 29.09.2009.  Ex.A4 is  the photo copy of Form of Driving Licence of the Complainant dated 27.02.2013.  

 

7.       Written arguments filed by the Complainant.

8.       Heard oral arguments from both sides.

9.       Now the point that arises for determination is:-

Whether there is any deficiency in service on the part of the Opposite   Party and the Complainant is entitled for the reliefs asked for?

 

10.     Admittedly the Complainant who was driving his motor bike on 25.04.2010 met with an accident as a result, his two wheeler motor bike was damaged and he got verified the condition of the vehicle with Varun Motor Showroom and they have estimated an amount of Rs.40,000/- to be incurred to repair the vehicle and the said vehicle was under the valid insurance coverage of the Opposite Party and that the Complainant herein is not having valid and effective driving licence as on the date of accident.

 

11.     It is settled law persons who are  not having valid and effective driving licence they are not entitled to drive any type of vehicle.    In order to show even a person is not having effective driving licence it drives and caused accident, he is entitled for compensation by placing any rule of authority.     In the instant case on the face of the insurance policy clearly states that if the person drove the vehicle without effective driving licence they are not come under the purview of the insurance coverage.   Since the complainantt failed to establish that he is having effective driving licence on the date of accident, we are of the considered view that he is not entitled for any relief as sought for..   

 

12.     In the result, this Complaint is dismissed.  No costs.

     Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this the 15^th day of July, 2015.

 

Sd/-                                     Sd/-                                                Sd/-

Male Member                      Lady Member                                 President

 

                                       APPENDIX OF EVIDENCE

For the Complainant:-

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.A01	25.04.2010	First Information Report of the Complainant	Photo copy
Ex.A02	055.05.2010	Letter addressed by the OP to the Complainant	Photo copy
Ex.A03	29.09.2009	Certificate cum Policy Schedule	Photo copy
Ex.A04	27.02.2013	Form of Driving Licence of the Complainant	Photo copy

For the Opposite Party:-                                                                                                                          

                                      -Nil-

 

Sd/-                                      Sd/-                                                  Sd/-

Male Member                       Lady Member                                   President