BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JALANDHAR
Complaint No.4 of 2019
Date of Instt. 02.01.2019
Date of Decision:26.10.2021
Vinod Kumar, son of Kailash Chand, resident of Street No.9, Avtar Nagar, Jalandhar City deceased now represented through:
Smt. Asha Rani w/o Sh.Vinod Kumar,
Prince Mahindru s/o Sh. Vinod Kumar,
Monika d/o Sh. Vinod Kumar
Isha minor d/o Sh. Vinod Kumar through her mother and natural guardian Smt. Asha Rani w/o Sh. Vinod Kumar
All residents of H.No. 406, Street No.9, Avtar Nagar, Jalandhar City.
..........Complainants
Versus
National Insurance Company Ltd., Divisional Office-II, 32, G.T Road, Panesar Complex, Opposite Kings Hotel, Jalandhar City.
….….. Opposite Party
Complaint Under the Consumer Protection Act.
Before: Sh. Kuljit Singh (President)
Smt. Jyotsna (Member)
Present: Sh. Arvind Sharda, Adv. Counsel for the Complainant.
Sh. A. K. Arora, Adv. Counsel for the OP.
Order
Kuljit Singh (President)
1. The instant complaint has been filed by the legal heirs of complainant Vinod Kumar (sice deceased), against OPs on the averments that he is registered owner of TATA SFC 407/2955 WB B53/2017 White Colour Truck LGV bearing registration no. PB-08 DG 9677 insured with OP. At the time of renewal of vehicle, physical pre-inspection of the vehicle was duly made by representative of OP. The insured declared value for Rs. 5,11,200/- . The physical inspection was mandatory and necessary at the time of renewal. The period of insurance by renewal of insurance policy was valid from 22.02.2018 to 21.02.2019 and the total amount of renewal premium sum of Rs.21,407/- for IDV Rs.5,11,200/- as well as other perils covered was paid by the complainant. But the policy document and copy of proposal form were not ever issued, and delivered to complainant as per IRDAI 2002 as amended vide Regulation 2017. It is duty of the insurer to furnish the policy documents and copy of proposal form to the insured free of charge within 30 days of acceptant of the proposal. The terms and conditions including exclusion clause of policy of insurance were not ever communicated to the complainant. Unfortunately, on 12.06.2018 insured vehicle met with an accident near Village Khalra on G.T Road near Bhogpur District Jalandhar on the way to Pathankot from Jalandhar. The vehicle reached near village Khalra, suddenly a stray cow ran across the road and during an attempt to save cow insured vehicle went out of control and its conductor side rammed into rear portion of proceedings trailer, thus, insured vehicle was extensively and badly damaged. The accident reported to P.S Bhogpur District Jalandhar vide GD No. 040 dated 29.06.2018. Thereafter, complainant lodged own damage claim and submitted prescribed form dated 07.07.2018 with all documents. On receipt of information, OP deputed Charanjit Singh Surveyor to assess the loss. The surveyor submitted his report dated 14.09.2018. The surveyor had not provided a copy of its survey report despite request to the said surveyor. OP vide letter dated 24.09.2018 repudiated claim for total loss on the ground that the driving license was found expired for LMV that GV on 06.05.2018 and later insured has provided renewal license valid for LMV TR up to 10.07.2011. The refusal to pay just rightful and genuine claim by OP is arbitrary and wrongful. Due to act and conduct of OP, the legal heirs of complainant have filed the present complaint and prayed that OP be directed to pay loss claim of Rs.5,11,200/- with interest @ 12% per annum from the date of accident on 12.06.2018 till actual realization besides Rs.50,000/- as compensation and Rs.10,000/- as cost of litigation.
2. Upon notice, OP appeared and filed written reply and contested the complaint of the complainant by averring that on receipt of information of accident, surveyor has appointed to assess the loss to the vehicle and he submitted his report on 14.09.2018. The said surveyor has pointed out in his surveyor report that Vinod Kumar was driver of the vehicle at the time of alleged accident whose driving license for LMV GV expired on 06.05.2018 i.e. before accident. The insured provided renewed driving license valid for LMV TR up to 10.07.2021. The said renewed driving license has been issued for a period of three years up to 10.07.2021 w.e.f. 11.07.2018. Since the earlier driving license of the driver has been issued w.e.f 11.07.2018 and as such driver at the time of alleged accident was not having a valid and effective driving license. Thus, the claim of the complaint is not maintainable. Rest of the averments made by the complainant Was denied by OP even on merits and it prayed for dismissal of the complaint.
3. The complainant has tendered in evidence copies of documents Ex.C-1 to Ex.C-36. On the other hand, OP tendered in evidence affidavit of Kuldip Raj Divisional Manager National Insurance Company as Ex.O-A along with copies of documents Ex.O-1 to Ex.O-4 and close the evidence.
4. We have heard learned counsel for the parties and have also gone through the record of the case very carefully.
5. This fact is not disputed that the complainant (since deceased) insured his vehicle bearing registraiton no. PB 0B DG 9677. The period of insurance policy valid from 22.02.2018 to 21.02.2019. Unfortunately, the vehicle in question met with an accident on 12.06.2018 due to stray cow ran across the road, thus, the insured vehicle was extensively and badly damaged in the accident. Thereafter, the legal heirs of complainant (since deceased) lodged claim with OP but OP repudiated his claim vide letter dated 24.09.2018 on the ground that on the date of accident driving licence found expired for LMV on 06.05.2018. They alleged that the repudiation of claim by OP is unjustified and without any rhyme and reason.
6. On the other hand, counsel for OP refuted the allegations of the complainant and pleaded that on receipt of information regarding accident by the complainant, OP deputed a surveyor Charanjit Singh who assessed the loss and submitted his report dated 14.09.2018. OP vide letter dated 24.09.2018 repudiated the claim of the complainant on the ground that on the date of accident driving licence of the insured found expired for LMV on 06.05.2018.
7. From perusal of entire record, it has revealed that this fact is admitted that the complainant insured his vehicle with OP for insured declared value of Rs.5,11,200/-, this fact is clear from perusal of policy Ex.C-1 on the record. Unfortunately, the vehicle of the complainant met with an accident on 12.06.2018 and complainant intimated to the police in this regard, vide GD Ex.C-2 on the record. The claim form E.C-3 was submitted by complainant with OP. The OP repudiated the claim of the complainant vide letter dated 24.09.2018 on the ground that driving license of Vinod Kumar was found expired on 06.05.2018 but we do not agree with this contention of OP because from perusal of copy of driving license Ex.O-3, it is clear that the driving license in question valid from 06.05.2018 to 06.05.2020 as such, the accident occurred during the currency period of the license, whereas the complainant obtained insurance policy, which was effective from 22.02.2018 to 21.02.2019. From perusal of policy Ex.C-1, it is also clear that the accident occurred during currency period of the policy. OP admitted in paragraph no.2 of the written reply that driving license of the complainant expired on 06.05.2018 and complainant renewed driving license up to 10.07.2021. Therefore, this fact is clear that the accident occurred on 12.06.2018 and license renewed up to 10.07.2021, it seems that the accident occurred during currency period of the license. In these circumstances, OP cannot denied to pay the claim to the insured.
8. The learned counsel for the complainant relied upon citation titled as Mukund Dewangan vs. Oriental Insurance Company Limited reported in 2017(14) SCC 663 that when driver holding a license to drive light motor vehicle , he is competent to drive a transport vehicle of that category without specific endorsement to drive the transport vehicle. The Hon’ble Supreme Court observed that an insurance claim can be rejected if a vehicle is used/driven without a valid registration, since that would constitute a fundamental breach of the terms and conditions of the contract of insurance. But in the case in hand, the insured have valid driving license which is valid up to 10.07.2021 and accident occurred on 12.06.2018. This fact is clear from the Hon’ble Supreme Court in case titled as Nirmala Kothari vs. United India Insurance Company Ltd reported in Civil Appeal No. 1999-2000 of 2020 decided on 04.03.2020, this appeal filed by Nirmala Kothari against Insurance Company wherein it has been held that if the driver have valid driving license then there was no doubt about the the veracity of the driver’s license. The appeals accordingly stand allowed.
9. In view of the above facts and circumstances of the case and as per decision of Hon’ble Apex Court (supra) the repudiation of the insurance claim of the complainant by OP is unjustified. As such, we allow the complaint of the complainants (legal heirs of deceased) with direction to OP to pay IDV (Insured Declared Value) of Rs.5,11,200/- to legal heirs of the complainant in equal share along with interest @ 6% from the date of accident 12.06.2018 till its actual realization. The complainant is also entitled Rs. 10,000/- as compensation and Rs.5000/- as cost of litigation. The entire compliance be made within 45 days from the date of receipt of the copy of order.
10. Copies of the order be sent to the parties, as permissible, under the rules. This complaint could not be decided within stipulated time frame due to rush of work.
11. File be indexed and consigned to the record room after due compliance.
Announced in open Commission
26th of October 2021
Kuljit Singh
(President)
Jyotsna
(Member)
