Jharkhand

Bokaro

CC/7/2021

Smt. Lalita Devi - Complainant(s)

Versus

Senior Branch Manager, National Insurance co. Ltd. - Opp.Party(s)

Rajeev Ranjan

21 Feb 2023

ORDER

                District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-03-02-2021

Date of final hearing-21-02-2023

 Date of Order-21-02-2023

Case No. 07/2021

Smt. Lalita Devi W/o Sanjay Yadav

R/o Sector-12/E, Gumla Nagar, P.O. and p.s- Sector-12 District Bokaro

Vs.

Senior Branch Manager, National Insurance Co. Ltd.

Natraj Mansion bye Pass road Chas

 Present:-

                             Shri Jai Prakash Narayan Pandey, President

                  Smt. Baby Kumari, Member

PER- J.P.N Pandey, President

-:Order:-

1. Complainant’s case in short is that she is owner of Pick up van No. JH-09-AF-6762 which was insured with O.P. National Insurance Co. Ltd. vide policy No. 17040131166300015069 valid from 13.02.2017 to 12.02.2018 but unfortunately said vehicle met with an accident on 08.06.2017 for which B.S. City P.S. Case No. 116/2017 has been registered. Further case is that the  complainant submitted application for claim to the office of the O.P. which was rejected on the ground that during investigation driving license of the driver was found fake. Hence it is prayed to direct the O.P. to pay claim amount and also to pay Rs. 50,000/- as compensation.
2. O.P. appeared and has filed W.S. mentioning therein that on verification from the competent authority the driving license of Sri Arun Yadav was found fake, hence claim has been repudiated. Further reply is that after deduction of total payable amount was Rs. 45,300/- but due to non filing of required documents and valid driving license, payment has not been made.
3. Point for consideration is whether claim of the complainant is acceptable or not?
4. On perusal of the papers annexed with complaint petition or filed by the parties it appears that complainant has not filed driving license of the driver who was driving the vehicle at the time of accident. It also appears that papers related to B.S. City P.S. Case No. 116/2017 have also not been filed by the complainant to show that who was driving the vehicle at the time of occurrence. Contrary to it the papers collected by the O.P. were disclosing that at the time of occurrence Sri Arun Yadav was driving the vehicle and complainant has submitted copy of his driving license bearing No. D.L. No.- 941 F/2015  issued from the office of D.T.O. Katihar. On investigation and verification from the office of the D.T.O. Katihar it has been reported that no such certificate was issued from that very office. In this way it is very much clear that at the time of accident vehicle was being driven by a person who was having no valid license to drive it, rather complainant has used forged and fabricated paper for obtaining the claim and he has tried to conceal or suppress so many material facts from this Commission also. Therefore, we are of the view that complainant has not proved his case for grant of relief as prayed.
5.  Accordingly this case is being dismissed on merit with cost.

 

(J.P.N. Pandey)

                                                                                      President

 

                                                                            

                  

                                                                               (Baby Kumari)

                                                                                       Member