BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.1553/2014

DATED ON THIS THE 18^th November 2016

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

    2) Smt. M.V.Bharathi                    

                                   B.Sc., LLB., -  MEMBER

                     3) Sri. Devakumar.M.C.                  

                                                          B.E., LLB.,    - MEMBER

Sri Devakumar.M.C.

Member

1.     The complainant filed the complaint under section 12 of the C.P.Act, 1986, against the opposite party alleging deficiency in service and seeking a direction to pay Rs.1,67,216/- towards repair charges of the car and Rs.8,00,000/- compensation including cost of the proceedings along with interest at 18% p.a. from 03.07.2014.
2.     The complainant’s car, insured with opposite party, valid from 26.03.2013 to 25.03.2014, met with an accident on 11.05.2013.  Police registered the case.  The car got repaired by the authorized service centre.  The complainant claimed Rs.1,67,216/- towards the repair charges under the insurance policy. The opposite party neither replied the legal notice dated 01.07.2014, nor complied the demands.  Hence, the aggrieved complainant filed the complaint, seeking reliefs.
3.     The opposite party denying the allegations as false, filed its version.  It admits the issue of insurance policy in respect of complainant’s car and the same valid from 26.03.2013 to 25.03.2014.  On receipt of the intimation of accident on 11.05.2013, it has appointed an approved surveyor to make an assessment of the damages and to collect all the relevant documents of the vehicle.  The opposite party sought for tax paid receipt and permanent registration certificate as on the date of accident, but the complainant fail to submit the same in spite of several reminders.  Thus, the opposite party sent the final closure letter on 02.07.2013, regarding closure of the claim.  The opposite party submits the vehicle initially registered temporarily as per motor vehicles Rules and the same valid from 27.03.2013 to 26.04.2013, but the date of accident was 11.05.2013, unless the vehicle obtain the certificate of registration from the competent authority, the vehicle is not legally usable on roads.  Hence, the complainant not eligible to claim benefits under the policy.  As such, prays for dismissal of the complaint as not maintainable. 
4.     To prove the facts both parties filed their affidavit evidence along with documents.  Written arguments filed by both parties.  After hearing oral submission, matter posted for orders.
5.     The points arose for our consideration are:-

1. Whether the complainant establishes the deficiency in service on the part of opposite party in not settling the claim thereby she is entitled for the reliefs?
2.  What order?

6.    Our findings on the aforesaid points are as follows:

Point No.1 :- In the negative.

Point No.2 :- As per final order for the following

:: R E A S O N S ::

7.    Point No.1:- The complainant’s car had temporary registration valid up to 26.04.2013.  The car was insured with opposite party and the same valid for the period 26.03.2013 to 25.03.2014.  The car met with an accident on 11.05.2013 after registering a police case, the complainant intimated the same to opposite party.  The car was repaired by the authorised service centre and charged a sum of Rs.1,67,216/-.  The complainant made the claim under insurance policy.  The opposite party rejected the claims.  Hence, the complaint and sought for the reliefs.
8.    The opposite party contended, on receipt of accident intimation, it has deputed the authorised surveyor to make an assessment of the damages suffered and also to collect all relevant documents in respect of the said car.  In spite of repeated demands also, the complainant failed to submit the original certificate of registration to process the claim.  As per Rule 36(2) of the Karnataka Motor Vehicle Rules, the car was initially registered temporarily and the same valid from 27.03.2013 to 26.04.2013.  The registration of vehicle is mandatory under section 39 of the Motor Vehicle Act, 1938, to use the vehicle on road from the competent authority.  The accident occurred on 11.05.2013.  Since, the complainant failed to submit the original certificate of registration it has declined to process the claim.  As such, there is no lapses on its parts.  Hence, prays for dismissal of the complaint.
9.    On perusal of the documents, it is established that, the car was insured with opposite party and the same met with an accident on 11.05.2013.  The temporary certificate was valid until 25.04.2013 only.  The complainant failed to establish that a valid certificate of registration was obtained as on the date of accident.  As per the law, no vehicle is permitted to use on road, without a valid certificate of registration.  Thereby the complainant violated the policy condition.  This has been confirmed by the negligent act of the complainant, in non-submission of the certificate of registration.  Thereby the complaint is not entitled for the claims under the insurance policy.  Further, the opposite party contended that, the vehicle was used on road without a valid certificate of registration as on the date of accident on 11.05.2013.  The opposite party relied on several decisions rendered by the Hon’ble Supreme Court of India and National Commission, wherein it is observed that, “No vehicle is permitted to use on road without a valid certificate of registration”.  Therefore, the complainant is not entitled for any reliefs as sought.  Accordingly, the point No.1 is answered in the negative.   
10. Point No.2:- In view of the above observations, we proceed to pass the following

:: O R D E R ::

1. The complaint is hereby dismissed.
2. Give the copies of this order to the parties, as per Rules.

(D