BEFORE THE DISTRICT FORUM: KURNOOL
Present: Sri. T.Sundara Ramaiah , B.Com B.L., President
And
Sri. M.Krishna Reddy , M.Sc., M.Phil., Male Member
Thursday the 27TH day of January, 2011
C.C.No 74/10
Between:
1. A. Aruna Kumari, W/o. Late A. Thirupalaiah,
2 A. Lalitya D/o. Late A. Thirupalaiah,
3.A. Ananth Kumar D/o. Late A. Thirupalaiah,
4.A.Kalyani D/o. Late A. Thirupalaiah,
5.A.Venkaiah, S/o. Lakshminarayana Setty,
6.A.Kamalamma W/o. A. Venkaiah,
Complainant Nos. 2 to 4 are minors and
represented by their next friend and natural
guardian mother No.1 above
All are residents of D.No.44/16,
Prakash Nagar, Kurnool. …..Complainants
-Vs-
National Insurance Company Limited,Represented by its Branch Manager,
Kurnool. …OPPOSITE PARTY
This complaint is coming on this day for orders in the presence of Sri. P.V. Ramana Reddy, Advocate, for complainants, and opposite party Sri. D.A. Anees Ahamed and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. T.Sundara Ramaiah, President)
C.C. No. 74/10
1. This complaint is filed under section 11 and 12 of C. P. Act, 1986 praying to direct the Opposite party:-
(a) To pay Rs.2,00,000/-to the complainant with interest at 12% per annum from the date of death of the insured,
(b) To grant a sum of Rs. 50,000/- to the complainant for causing mental agony,
(c) To pay costs of the complaint.
(d) To grant such relief’s as the Honorable Forum deems to be fit
and proper in the circumstances of the case.
2. The case of the complainant’s in brief is as under: - The first complainant is the wife, second to fourth complainants are the children, fifth and sixth complainants are the parents of late Aluvala Thirupalaiah. The deceased is the owner-cum-driver of Maruthi Omni bearing No. AP21TV-6044 he got the said vehicle insured with the opposite party under the policy No.2280224. The said policy is valid from 02-07-2007 to 01-07-2008. The policy covers risk of the driver on 17-09-2007 at 11.45 P.M. the deceased was driving his Maruthi Van for transportation of Eenadu daily News paper. On 18-09-2007 while the deceased was returning to Kurnool at about 8-30 A.M., he lost control over it and hit to stationed lorry bearing No.AP3-0U-2105 near Hussainapuram petrol pump. As a result the deceased received injuries. He was shifted to Government Hospital Kurnool. He died on 18-09-2007 at 11-05 P.M., while under going treatment. A case was registered in Crime No.143/2007 by Orvakal Police Station. After the death of the deceased the complainants made several demands to the opposite party to settle the claim. The opposite party did not settle the claim and repudiated the claim of the complainants on 07-01-2008. There is deficiency of service on the part of the OP. Hence the complainant.
3. Opposite party filed written version stating that the complaint is not maintainable. On the date of accident the deceased was transporting Eenadu daily News papers. The Maruthi Van of the deceased is a LMV transport Vehicle. At the time of the accident the deceased was possessing non transport driving license. There is violation of the policy condition. There is no deficiency of service on the part of the OP. The complainant is liable to be dismissed.
4. On behalf of the complainant Ex.A1 to A7 are marked and sworn affidavit of the first complainant is filed. On behalf of the opposite party Ex.B1 to B7 are marked and sworn affidavit of opposite party is filed. R.W.1 is examined and Ex.X1 to X3 are marked.
5. Both sides filed written argument.
6. The points that arise for consideration are:
- Whether there is deficiency of service on the part of the Opposite Party?
- Whether the complainants are entitled to the reliefs as prayed for?
(c) To what relief?
7. POINT No.1 & 2 :- Admittedly the deceased Thirupalaiah was the owner of the Maruthi Van bearing No.AP21 TV-6044. The said vehicle was insured with the opposite party and the opposite party issued Ex.B1 policy. It is the case of the complainant that on 18-09-2007 the deceased was driving his vehicle and that the said vehicle met with an accident near Hussainapuram petrol pump, that in the said accident Thirupalaiah received grievous injuries and died on the same day while under going treatment in Government General Hospital, Kurnool. The first complainant in her sworn affidavit clearly stated about the death of her husband due to the injuries received by him in the accident that took place on 18-09-2007. Ex.A1 is the copy of the FIR. As seen from Ex.A1 it is very clear the station house officer of Orvakal registered a case in Crime No.143/2007 Ex.A2 is the inquest report. In Ex.A2 also it is clearly mentioned that the deceased was driving his motor van on 18-01-2007 in negligent manner and dashed against a stationed lorry Ex.A3 is the post mortem certificate of deceased Thirupalaiah. In Ex.A.3 it is stated that the cause of death is due to injuries. It is established by the complainant that Thirupalaiah died on 18-09-2007 due to injuries received by him in the accident.
8. Admittedly after the death of Thirupalaiah the complainant made a claim and that the opposite party repudiated the said claim under Ex.A6 dated 07-01-2008 stating that the deceased was not having valid driving license to drive his vehicle AP21 TV-6044 which is a transport vehicle. In the sworn affidavit filed by OP.No.1 it is clearly mentioned that the deceased was having LMV non transport driving license by the date of the accident and that he was not qualified to drive his vehicle which is a LMV transport vehicle. R.W.1 transport commission who is examined in his evidence clearly stated that vehicle bearing No.AP21 TV-6044 is a transport vehicle and that Thirupalaiah was having LMV non transport driving license by the date of the accident. Ex.X1 is the driving license of the deceased Thirupalaiah. The date of the accident was 18-09-2007. By the date of the said accident the deceased was having only LMV non transport driving license. Admittedly the vehicle of the decease is a transport vehicle. In Ex.B1 policy it is stated that the driver of the vehicle must hold an effective driving license at the time of the accident. It is clearly stated by R.W.1 that one must have transport driving license to drive the vehicle bearing No. AP21 TV-6044 which is a transport vehicle. It is argued by the learned counsel appearing for the complainant that the driver who got LMV non transport driving license can also drive LMV transport vehicle. In support of his contention he relied on (i) AIR 1999 SUPREME COURT 3181 and (ii) 2010 (3) L.S 321. The said decisions are held under the provisions of motor vehicles Act. The facts of the present case are entirely different from the facts of the cases cited above. The said decisions have no application as there are rendered under the provisions of LMV Act. The learned counsel appearing for the opposite party also relied on several decisions rendered under LMV Act. In the present case the deceased was not holding valid driving license to drive his Maruthi van which is a transport vehicle. The deceased who is the owner-cum-driver knowing that he had not valid driving license, drove the vehicle and there by violated conditions of the policy. The opposite party rightly repudiated the claim of the complainants stating that the deceased violated the conditions of the policy. The complainant’s are not entitled to any relief. No deficiency of service is found on the part of the opposite party.
9. In the result the complainant is dismissed. In the circumstances with out cost.
Dictated to the stenographer, transcribed by her, corrected and pronounced by her in the open bench on this the 27th day of January, 2011.
Sd/- Sd/-
MALEMEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite parties :R.W.1
List of exhibits marked for the complainant:-
Ex.A1 Photo copy of FIR in Cr.No.143/2007 of Orvakal P.S.
dt.13-9-2007.
Ex.A2. Photo copy of Inquest report of A.Thirupalaiah,
Ex.A3 Photo copy of Post Mortem Report, dt.19-9-2007.
Ex.A4 Photo copy of Motor Vehicles Inspector Accident Report, dt.21-9-2007.
Ex.A5 Copy application of Petitioner in Cr.No.143/2007,
dt.9-9-2010.
Ex.A6 Photo copy of repudiation of claim by O.P. dt.7-1-2008.
Ex.A7 Driving license of A.Thirupathaiah.
Ex.X1 Photo copy of driving license of A.Tirupathaiah
Ex.X2 Photo copy of B-Register of Motor Vehicle No.AP.21 TV 6044 of A.Tirupalaiah
Ex.X3 Photo copy of Permit No. AP 121/726/PC/2006 of the vehicle bearing No. AP 21 TV 6044.
List of exhibits marked for the opposite parties:-
Ex.B1 Photo copy of policy No.2280224 along with terms and conditions.
Ex.B2 Photo copy of repudiation of claim by O.P. dt.7-1-2008.
Ex.B3 Photo copy of driving license of A.Thirupalaiah.
Ex.B4 Photo copy of motor survey report (Final), dt.24-12-2007.
Ex.B5 Photo copy of Motor Claim Form, Dt.30-10-2007.
Ex.B6 Photo copy of Registration certificate AP 21TV 6044 of A.Thirupalaiah
Ex.B7 Photo copy of permit certificate issued by Addl. Secretary, RTA, Kurnool, dt.21-7-2006
R.W.1 Deposition of RW-1 (E.Meera Prasad),
dt.8-10-2010
Sd/- Sd/-
MALE MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
Copy was made ready on :
Copy was dispatched on :
