Haryana

Ambala

CC/224/2018

Mahant Prem Dass - Complainant(s)

Versus

SB Manager NIA - Opp.Party(s)

03 Dec 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

                                                          Complaint case No.:  224 of 2018.

                                                          Date of Institution           :   19.07.2018.

                                                          Date of decision    :   03.12.2019.

                     

Mahant Prem Dass, Shashtri Chela Mahant Ram Narian Dass, R/o 7440/4, Bara Thakurdwara, Ambala City.

                                                                                      ……. Complainant.

Versus

Senior Branch Manager, The New India Assurance Company Ltd. Civil Lines, Arya Chowk, above OBC Bank, Ambala City.

 

    ….…. Opposite Party.

 

Before:        Smt. Neena Sandhu, President.

Shri Vinod Kumar Sharma, Member.         

                            

Present:       Smt. D.S. Punia, Advocate, counsel for complainant.

Shri J.S. Rathore, Advocate, counsel for the OP.

 

 

Order:        Smt. Neena Sandhu, President

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’) praying for issuance of following directions to it:-

1. To re-open the claim case filed by the complainant bearing No.1309 and to sanction the claim and reimburse the claim amount to the complainant.
2. To pay Rs.2,00,000/- as damages for compensation for the mental agony and physical harassment suffered by the him.
3. To pay Rs.20,000/- as litigation expenses.

                   OR

                   Any other relief which this Hon’ble Forum may deem fit.

 

Brief facts of the case are that the complainant is the registered owner of Verna Car bearing registration No.HR-01-AN-6133, which was insured with OP vide policy No.35350231170300000424. On 20.02.2018 at 7:40 PM, the said car met with an accident near Babarpur (Agra), while travelling from Lucknow to Ambala & the same was being driven by a duly authorized driver Ashok Kumar son of Shri Suraj Lal, R/o Ambala City. The accident took place due to coming of stray Cow in front of the car suddenly and it got damaged badly. The damaged car was immediately examined by the surveyor deputed by the company & was brought to authorized dealer Smrithi Motors Pvt. Ltd., Ambala Cantt., where it was again examined by the surveyor of the company. The repair estimate was prepared by the said dealer and the same was submitted in the office of Insurance Company vide claim No.2017/1309. He was surprised to receive a registered letter from the office of OP regarding his claim with the observation that the driver Ashok Kumar was not holding a driving licence at the time of accident. The said observation of the OP was wrong because the driver Ashok Kumar was holding a legal and valid driving license at the time of the accident as he has already submitted application for its renewal within prescribed period in Feb.2018, vide application No.32451918 dated 13.02.2018. along with the requisite fees and the same was renewed `up to 26.02.2023. Driver Ashok Kumar was holding a legal and valid driving license on date of the accident as he had already submitted the application for renewal of his driving license on 13.02.2018 before the date of accident. So, the observation of its office that the driver Ashok Kumar was not holding a valid license at the time of accident is totally wrong, illegal and misconceived and it is required to re-look into the matter to pass the claim of the applicant. He sent a legal notice dated 01.06.2018 to the OP, but of no avail. By not reimbursing the claim amount incurred by the complainant, the OP has committed deficiency in service. Hence, the present complaint.  

2.                 Upon notice, the OP appeared through counsel and filed written version and has raised preliminary objections regarding maintainability; not coming to this Forum with clean hands; jurisdiction and concealment of true & material facts. On merits, it is stated that the complainant be asked to prove the same that his car met with an accident on 20.02.2018, as alleged and Ashok Kumar was being driven the car bearing No.HR-01AN-6133. In the alleged accident the car of the complainant was badly damaged. After the examination of the car by the surveyor of the company, the Insurance Company rightly repudiated the claim of complainant as the driver of vehicle in question was not holding driving license at the time of accident and as per insurance policy the driver must have in possession of valid and effective driving license on the alleged date of accident to get the claim from insurance Company. In the alleged date of incident i.e. 20.02.2018, Ashok Kumar was driving the car bearing No. HR-01AN-6133. The copy of driving license No.14592 showing the date of birth 15.06.1967 of Ashok Kumar son of Shri Suraj Lal was handed over in the office of OP for settlement of claim. This fact was verified from the licensing authority Ambala by investigator Shri R.P. Kakkar vide application dated 19.04.2018 and licensing authority Ambala has given a report that the original DL No.14592 dated 20.03.1997 is in the name of Ashok Kumar son of Suraj Pal r/o Dera Thakur Dwara Ambala City for Motor Cycle Jeep only valid upto 14.01.2018 and the same was renewed from 27.02.2018 to 26.02.2023 i.e after 30 days from the expiry of driving license. The OP rightly repudiated the claim of the complainant as at the time of alleged incident dated 20.02.2018, the driver Ashok Kumar was not having driving license to drive the vehicle and he applied for renewal for 27.02.2018 to Licensing Authority Ambala. There is no illegality on the part of OP and as per the terms and conditions of the insurance complainant and prayed has been made for dismissal the same with costs. 

3.                Complainant along with his counsel has tendered his affidavit as Annexure CA alongwith documents as Annexure C-1 to C-9 and closed the evidence on behalf of complainant. On the other hand, learned counsel for OP tendered affidavit of Shri K.K Sachdeva, Senior Divisional Manager, The New India Assurance Company Limited as Annexure OPA along with documents Annexure OP1. Learned counsel for the OP tendered documents Annexure OP3 & OP4 in additional evidence and closed the evidence on behalf of OP.

4.                We have heard the learned counsel of the parties and have carefully gone through the case file.

5.                Admittedly, car of the complainant met with accident on 20.02.2018. From the prepare estimate Annexure C-7, it is evident that the Samriti Motors Pvt. Ltd. assessed the repair charges to the tune of Rs.8,86,134.83/-. From the repudiation letter dated 03.05.2018 Annexure C-1, it is quite clear that the OP repudiated the claim on the ground that at the time of accident driver namely Ashok Kumar was not having valid and effective driving licence to drive the car. Admittedly, the previous driving licence of driver Ashok Kumar was valid upto 14.01.2018. From the application No.325451918  Annexure C-6, it is evident that Ashok Kumar applied for renewal of his driving licence on 13.02.2018 i.e. on the 30^th day of the expiry of the previous licence. Section 15 renewal of driving licence of the Motor Vehicles Act, 1988, reads as under:-

          15.     Renewal of driving licences- (1) Any licensing authority may, on application made to it, renew a driving licence issued under the provisions of this Act with effect from the date of its expiry:

                   Provided that in case where the application for the renewal of a licence is made more than thirty days after the date of its expiry, the driving licence shall be renewed with effect from the date of its renewal

                   Since, the driver Ashok Kumar had applied for renewal of his driving licence, within 30 days from the date of expiry of his previous licence, therefore as per Section 15 of the Motor Vehicles Act, 1988 he is entitled to get renewed driving licence with effect from the date of its renewal. From the perusal of copy of driving licence of Ashok Kumar Annexure C-5, it is evident that the Licensing Authority had issued the renewed licence to the Ashok Kumar w.e.f. 20.03.1997 and validity upto 26.02.2023. Which shows that the concerned Licensing Authority had issued the renewed driving licence in continuity w.e.f. 15.01.2018. In this view of the matter the report given by the official of the Licensing Authority annexed alongwith Annexure OP-1 that the license of Ashok Kumar was valid w.e.f. 27.02.2018 and not from 13.02.2018, cannot be considered. Facing with this situation we hold that at the time of accident, driver Ashok Kumar was holding a valid and effective driving licence and OP has wrongly repudiated the claim of the complainant. OP is not only liable to settle the claim of the complainant as per the terms and conditions of the policy, but is also liable to compensate the complainant for mental agony and physical harassment suffered by him alongwith the litigation expenses.

6.                In view of the aforesaid discussion we hereby allow the present complaint and direct the OP in the following manner:-

          (i)      To settle the claim of the complainant as per terms and conditions               of the policy.

          (ii)     To pay Rs.5,000/- as compensation for mental agony and physical               harassment suffered by the complainant.

          (iii)    To pay Rs.3,000/- as litigation expenses.

 

                   The OP is further directed to comply with the aforesaid directions within the period of 30 days from the date of receipt of the certified copy of this order. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on : 03.12.2019.

 

                                                 (Vinod Kumar Sharma)            (Neena Sandhu)

                                                  Member                                  President