West Bengal

Paschim Midnapore

CC/97/2017

Bablu Mallick - Complainant(s)

Versus

National Insurance Co.Ltd. - Opp.Party(s)

Asim Kumar Dutta

29 Jan 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President,

 Pulak Kumar Singha, Member

and

 Sagarika Sarkar, Member.   

   

Complaint Case No.97/2017

 

Bablu Mallick, S/o-Madan Mohan Mallick,

 Vill-Naraharipur, P.O. & P.S.-Chandrakona,

District- Paschim Medinipur

                                                                                      ..…….……Complainant.

Vs.

                                                      National Insurance Co. Ltd. Chandrakona Road Branch,                                                                             

                                                      P.O.-Santbankura, P.S.-Garhbeta, Dist-Paschim Medinipur

                                                                 ………….….Opp. Party.

                                                    

            For the Complainant  :  Mr. Ashim Kumar Dutta, Advocate.

            For the O.P.                 :  Mr. Anath Bandhu Ghosh,  Advocate.

                                                                    

                                                             Decided on: -29/01/2018                             

                               

ORDER

                         Sagarika Sarkar, Member – This instant case is filed u/s-12 of the C.P. Act, 1986 by the complainant Bablu Mallick, S/o-Madan Mohan Mallick alleging deficiency in service on the part of the above mentioned O.P.

 Case of the complainant, in brief, is that the complainant is the owner of a car being registration no.WB-34AJ/4603 and the said car was insured by the  O.P.-Insurance Co. Ltd. vide policy  no.153801/31/16/61000000572 and the complainant paid Rs.25,564/- as premium of the insured car. On 25/11/2016, the said car met with an accident near Chandrokona Road Kubai Rail gate and a criminal case being no.366 of 2016 dated 31/01/2016  was started by Garhbeta Police Station against the driver of the

                                                                                                                                                                  Contd………..P/2

                                                                                                                            

                                                                                                                ( 2 )

car. After receiving the examination report of the damaged vehicle done  by the automobile engineer Shaymal Kanti Basu, Ld. A.C.J.M. Garhbeta ordered to release the vehicle in question. It is stated that the complainant informed the news of accident to the O.P.-Insurance Co. Ltd. who engaged a spot surveyor. It is stated in the petition of complaint that after receiving the spot surveyor’s report, the complainant sent the damaged vehicle in the repairing shop of Keshav Hyundai at Kharagpur  and Keshav Hyundai estimated the repairing cost at Rs.10,00,000/-.  Subsequently the complainant deposited all the relevant papers to the O.P.-Insurance Co. Ltd. who requested the complainant to receive Rs.5,55,000/- as the settlement of claim on net loss basis and accordingly consent letter was singed by the complainant on 21/02/2017 for which the O.P. promised to disburse the settlement dues within a short period but the O.P. repudiated the complainant’s claim by a letter dated 23/03/2017 on the ground that the driver of the vehicle in question did not possess a legal and effective driving license at the time of the road accident which is illegal as per M.V. Act. It is further stated by the complainant that at the time of accident the driver of the vehicle possessed a valid driving license and the repudiation of claim by the O.P. was illegal and improper which amounts to deficiency in service on the part of the O.P.-Insurance Co. Ltd. and as such he has to bear a huge amount of garage rent. Accordingly the complainant prayed for direction upon the O.P. to pay Rs.10,00,000/- for damage compensation along with other relefs.

O.P. has contested the case by filing a written version. Denying and disputing all the material allegation O.P. has stated that at the time of accident the driver of the vehicle was authorized to driver Light Goods vehicle and as per M.V. Act the light goods vehicle license holder is not authorized to driver light motor vehicle. It is also stated that the O.P. repudiated the claim of the complainant through letter dated 23/03/2017 for not having an effective licence of the  driver of the vehicle in question. Accordingly O.P. has prayed for dismissal of the case with cost.

In support of his case, the complainant has examined himself as PW-1 and during his examination some documents were marked as exhibit-1 to 9 respectively. On the other hand O.P. adduced no evidence.

                                                  Points for  determination

1. Whether  the complainant is the Consumer under the O.P. ?
2. Whether the repudiation of claim done by the O.P. is just and proper ?
3. Whether the complainant is entitled to get the reliefs  as prayed for ?

                                                                                                                                                            Contd………..P/3

                                         

                                                                                       ( 3 )               

                    Decision with reasons

               Point no.1.

The complainant has purchased a car and obtained an Insurance policy of  his car from the O.P.-Insurance Co. Ltd. by paying Rs.25,564/- as premium. Thus the complainant has become consumer under the O.P.-Insurance Co. Ltd. as per C. P. Act.

Point no.1 is decided accordingly.

               Point no.2.

                 It is admitted that the complainant’s said vehicle met with an accident on 25/11/2016 and a criminal case was started under Gharbeta Police Station. It is evident from the driving license (Exhibit-8)  of the driver of the vehicle in question that at the time of  accident the driver of the vehicle in question was holding a LMV-GV(TR) license. In support of his case the complainant has relied upon the decision of Hon’ble Supreme Court ( MUKUND DEWANGAN VS. ORIENTAL INSURANCE CO.Ltd.) Civil Appeal No.5826 of 201, Reported in (2017) 4 WBLR (SC)512, Decided on 3^rd July, 2017 where in their lordships pleased to hold that “ the definition of ‘light motor vehicle’ under Section 2(21) of the Act includes transport vehicle of the class and weight defined therein. The transport vehicle or omnibus would be light motor vehicle, gross vehicle weight of which, and also a motor car or tractor or  road roller, unladen weight of, which, does not exceed 7500 kg., and can be driven by holder of licence to drive light motor vehicle and no separate endorsement  is required to drive such transport vehicle”.

                 Since it appears from the driving license of the driver (exhibit-8) that at the point of time of accident the driver of the vehicle in question possessed a LMV-GV(TR) License so it implies as per decision of Hon’ble Supreme Court that the driver was permitted to drive Light Motor vehicle  as well as goods vehicle.

                 Relying upon the decision of Hon’ble Supreme Court as referred hereinabove we are of opinion that the driver of the vehicle in question possessed a valid and effective license at the material time of  accident.

                 In that view of the matter we are of opinion that the repudiation of claim done by the O.P. is not just and proper.                                                                                                  

Point no.2 is decided accordingly.

               Point no.3.

In view of our above finding in point nos. 1 & 2, the complainant should get amount of Rs.5,55,000/- as assessed by the spot surveyor appointed by the O.P.-Insurance Co. Ltd. and also to get the compensation to be paid by the O.P. since the O.P.

                                                                                                                                                              Contd………..P/4

                                        

                                                               ( 4 )

did not disburse the claim in time. Since the O.P. compelled the complainant to file the instant case for getting his right full claim, the O.P. is to bear the litigation cost.                                                                                                           

Point no.3 is decided accordingly.                                                                                                                  

In the result the petition of complaint case succeeds.                                                                    

                                 Hence, it is,

                                                          ORDERED

                                   that the consumer complaint case being no. 97/2017 is allowed with cost against the O.P.

                  The O.P. is directed to settle the claim by disbursing Rs.5,55,000/- in favour of the complainant within one month from the date of this order.

                   O.P.  is further directed to pay Rs.20,000/- as compensation and Rs.10,000/- as litigation cost  out of which Rs.5,000/- was to be deposed with the Consumer Welfare Fund within aforesaid period failing which the entire amount shall carry the interest @10% p.a. for the default period.  

                Dictated and Corrected by me

                             Sd/- S. Sarkar                         Sd/-P.K. Singha                        Sd/-B. Pramanik. 

                                  Member                                   Member                                    President

                                                                                                                              District Forum

                                                                                                                           Paschim Medinipur