West Bengal

Paschim Midnapore

CC/26/2017

Durgapada De - Complainant(s)

Versus

New India Assurance Co.Ltd. - Opp.Party(s)

Asim Kumar Dutta

18 Aug 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

                                                                                 Bibekananda Pramanik, President,

Pulak Kumar Singha, Member

and

Sagarika Sarkar, Member

   

Complaint Case No.26/2017

 

                                                                   Durgapada De, S/o-late Debendra Nath De,                                                                                        Vill & P.O.-Panchkhuri, P.S.-Kotwali,

Dist-Paschim Medinipur.….………Complainant

Versus

The Branch Manager, New India Assurance Co. Ltd., Kharagpur Branch,

at Inda, P.O.-Inda, OT Road,  P.S.-Kharagpur (L),

Dist-Paschim Medinipur……………….Op.

 

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

For the O.P.             :  Mr. Miranal Kanti Chowdhury, Advocate.                     

                                                                    Decided on: -18/08/2017                             

                               

ORDER

                         Sagarika Sarkar, Member – This instant case is filed u/s-12 of the C.P. Act, 1986 by the complainant Durgapada De, S/o-late Debendra Nath De, alleging deficiency in service on the part of the above mentioned O.P.

                             Case of the complainant, in brief, is that being an unemployed person the complainant purchased a Bolero Pick-up-Van bearing No. WB-33B/8750 for self employment and availed an insurance policy bearing no. 5126023115010000035 from 06/05/2015 to 05/05/2016 issued by the O.P.-Insurance Co. in respect of the  said vehicle, assured the sum of Rs.3,88,552/- where the complainant has paid Rs.23,817/- towards  premium of the said insurance policy. It is stated by the

Contd………..P/2

                                         

                                                                                     

                                                                              ( 2 )

 complainant that the said vehicle met with an accident on 18/11/2015 at Khantapara P.S. in  Baleswar of Odisa and the complainant informed  the said accident to the khantapara police station  by G.D.E. being no.420 dated 18/11/2015 and accordingly informed the O.P.-Insurance Co. It is further stated by the complainant that receiving the said information the O.P.-Insurance Co.  appointed a surveyor namely, Satyanarayan Ghorai who having  the damaged vehicle surveyed advised  to take the said vehicle to any garage for repairing and as per that advice the complainant took the said vehicle with the help of a  crain to a garage namely,  Binapani Engineering Works at Mirza Bazar, P.S.-Kotwali, Dist-Paschim Medinipur. The complainant has further stated that after opening the said vehicle technician of the said garage estimated the loss to the tune of  Rs.5,97,899/- and the repairing  cost as to Rs.1,35,000/- and accordingly the complainant  deposited the said estimate alongwith driving  license to the office of the O.P.  The O.P. thereafter further engaged a surveyor who found that the damage vehicle was not in repairable condition. Accordingly, the surveyor deposited report to the O.P. declaring entitlement of full damage to the insured vehicle. The complainant requested the O.P. to settle the claim on an earliest date but the O.P.-Insurer repudiated the claim vide letter dated 28/03/2016 on plea that the point of time of accident driver of the offending vehicle was bearing LMV(NT) licence. The complainant specifically stated that the said vehicle had capacity of below 7500 KV which was within the category of light vehicle and the driver was holding a light motor vehicle driving license as per provision of law the complainant would get full damage compensation from the O.P.  Accordingly the complainant has prayed for direction upon the O.P. to pay Rs.3,88,552/- for damage of the vehicle with interest thereon @9%  to be accrued from the date of repudiation, to pay Rs.50,000/- towards compensation and to pay cost of litigation.

The O.P. contested the case and filed written version denying and disputing all material allegation, stating, inter alia, that on 18/11/2015 the vehicle of the complainant bearing no. WB-33B/8750 met with an accident within the jurisdiction of Khantapara P.S.-in Baleswar of Odisa and the complainant informed the said incident to the  police station, Khantapara vide G.D. E. no. 420 dated 18/11/2015. It  is further stated by the O.P.  that the said vehicle had no authorization to ply on the route covering the state of Odisa on intimation made by the  complainant regarding the said accident the  process of assessment of loss was stated by  appointment of a survey cum loss Assessor  namely, Rathindranath Pattanayak who assessed  loss as net salvage to the tune  of               Rs.3,62,552/-. It is further stated by the O.P. that during the process of settlement of

Contd………..P/3

                                         

                                                                                      

                                   

                                                                         ( 3 )

claim it was found the driver of the vehicle in question namely, Santu Dey had no effective license to drive the Light Goods Vehicle i.e., the commercial vehicle as he was only  authorized to drive the Light Motor Vehicle as non transport vehicle.  It is specifically stated by the O.P.  that according to Motor Vehicle Rules every  commercial vehicle is a transport vehicle and  since the said driver Santu Dey was not authorized to ply the transport/commercial vehicle, the complainant violated the terms of the policy by made the vehicle  driven by unauthorized person and, therefore, the O.P.  has no liability to make payment of the claim as assessed by the surveyor and  as such the O.P. closed the claim as No claim  on the ground stated by the letter dated  28/03/2016. Accordingly, the O.P. has prayed for rejection of the petition of complaint.

Parties adduced evidence (Other steps). In course of having Ld. Advocates for respective sides narrated the respective facts as stated in their petition of complaint and written version.      

                    

                                           Points for determination.   

1. Is the complainant is a consumer under the O.P. ?
2. Is there  deficiency on the part of the O.P.-Insurance ?
3. Is the complainant  entitled to get the relief as prayed for ?

                                            Decisions with reasons.

              Point no.1.

                            The complainant obtained Insurance Policy issued by the O.P.-Insurer in  respect of  a vehicle having registration No.WB-33B/8750 which  met with an accident on 18/11/2015. The  complainant has stated in the petition of complaint  that at the point of time of accident the driver was holding a valid license. It is found  from the  copy of Driving License, the  name of the driver is Santu Dey, therefore, it is evident that the said vehicle was being driven by someone other  than the complainant. The complainant although  has stated that he used to ply the vehicle for  earning his livelihood but appointing a driver does not indicate that he had  been plying the vehicle for earning his livelihood by  self employment, and, therefore, the complainant cannot be considered a consumer as per provision of section 2(1)(d) of the C.P. Act 1986.

 

Contd………..P/4

                                         

                                                                                     

                                                                          ( 4 )

 

Since the point no.1 has been decided negatively, there is no scope to enter into the merit of the case and to decide point nos. 2 & 3 as the case is not maintainable before this Forum.

In the result the petition of complaint does not succeed.   

                   Hence, it is,

                                                           ORDERED

                                                           that consumer complaint case being no.26/2017 is hereby dismissed but considering the circumstances without cost.

           Let a plain copy of this order be given to the parties free of cost.

                  Dictated and Corrected by me

                          

                               Member                                      Member                                     President

                                                                                                                                District Forum

                                                                                                                             Paschim Medinipur