Per Mr P N Kashalkar, Hon’ble Presiding Judicial Member
None is present for the appellant.
1. This appeal is filed by the original complainant against the dismissal order dtd. 13.03.2003 in CC No.CC/00/22 passed by District Consumer Forum, Yavatmal.
2. The complainant / appellant Ganpat R Meshram, R/o Loni Post Watphali, Tah. Ner. Dist. Yavatmal filed the consumer complaint alleging the deficiency in service on the part of National Insurance Co. Complainant purchased a tractor bearing No.MH-29-C-2550 with trolley bearing No.MH-29-C-5441. He was using tractor & trolley for agriculture purpose and he had taken insurance for tractor & trolley from National Insurance Co. Ltd., Amravati for the period 15.11.1997 to 14.11.1998. According to complainant when he was taking the tractor & trolley, carrying bricks, towards his field he met with an accident and in the accident tractor and trolley fell into 15 ft. deep ditch. Because of accident he had to spend Rs.73,000/- towards repairs and Rs.5,000/- for taking out tractor & trolley from the ditch with the help of Crane. Therefore, he lodged the claim with the Insurance Co. Insurance Co. appointed a surveyor, who submitted his report, assessing the loss, to the Insurance Co. Complainant submitted that he had submitted all the relevant documents asked for by the Insurance Co from time to time. But the Insurance Co repudiated the claim on the ground that the driver was not having effective driving licence at the time of accident, which was a breach of terms of policy. The complainant further pleaded that at the time of accident Vilas Meshram was driving the said tractor & trolley, who was holding driving licence issued by RTO. One Mr Punjab Kale was also sitting with him on tractor, who was having driving licence bearing No.3947 MH/27/96 and it was in force for the period 14.05.1996 to 03.03.2016. According to the complainant Mr Punjab Kale was having permanent licence and Vilas Mesharam was also having a licence and on the tractor ‘L’ board was also displayed and as such there was no breach of terms of condition of the policy. Because of failure of break the accident occurred. Complainant therefore pleaded that the Insurance Co had wrongfully and illegally repudiated the claim. Therefore, he filed the consumer complaint for the amount of Rs.78,000/- towards Insurance Claim alongwith Rs.20,000/- for mental & physical torture and Rs.3,000/- towards the cost.
3. O.p. filed written version and pleaded that the tractor & trolley was made for agriculture purpose. The complainant was using the said tractor and trolley for carrying bricks so there was breach of policy terms. Moreover, Insurance Co pleaded that on 15.04.1998 complainant had given the tractor on hire and the hirer was carrying bricks in the insured vehicle, when the accident took place. O.p. denied that for taking out the tractor & trolley from the ditch complainant had to spend Rs.5,000/- and for repairs of both vehicles he spent 73,000/-. Insurance Co deputed a surveyor for assessing the loss and accordingly, on the basis of surveyor report and the documents filed by the complainant o.p. - Insurance Co. observed that Vilas Meshram was driving the tractor when the accident took place and he was not having valid driving licence. Therefore, complainant committed breach of policy condition, breach of Motor Vehicle Act and RTO rules. Therefore, the Insurance Co pleaded that they had rightly repudiated the claim. The Insurance Co also pleaded that Vilas Meshram was admittedly driving the tractor but he was not having valid driving licence. O.p. - Insurance Co. denied that Punjab Kale who was holding valid driving licence, was also present and in his presence Vilas Meshram was driving tractor & trolley. The Insurance Co pleaded that in FIR, Spot Panchanama recorded by Police, nowhere it was mentioned that Punjab Kale was present at the time of accident. The Insurance Co. thus pleaded that it has rightly repudiated the claim.
4. The Forum below in its impugned judgement observed that Vilas Meshram was the resident of Loni and he was carrying bricks in the said tractor from Village Ner to Village Zombadi which was given on hire at the time of accident and therefore, there was a breach of policy condition No.C-7, C-8. The Forum also observed that the complainant could not establish that Punjab Kale was present and he was supervising the driving of Vilas Meshram. The Forum also held that there was also breach of terms & conditions of the policy in as much as Vilas Meshram was not having effective driving licence at the time of accident. Therefore, the Forum pleased to dismiss the complaint.
5. On perusal of the impugned judgment of the Forum and on hearing Mr A K Somani for the respondent – National Insurance Co. Ltd., we are finding that there is no merit in this appeal and it is devoid of any substance, as Vilas Meshram was not holding effective driving licence at the time of accident and it was also not established by evidence produced on record by the appellant that Vilas Meshram was holding valid driving licence. We are finding that the District Consumer Forum has rightly dismissed the complaint. As such there is no substance in appeal and it deserves to be dismissed. Hence, we pass the following order:-
ORDER
1. Appeal stands dismissed.
2. No order as to cost.
3. Inform the parties accordingly.
Pronounced on 11.07.2011.
