DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 91 OF 2016

Mewanand Shaw (37 Years),

S/O- Basudeb Shaw,

Proprietor, M/s Tara Shankar Steel Traders,

Bombay Chowk, PO: Industrial Estate,

PS/ Dist: Jharsuguda, Odisha……..………….….………………Complainant.

Versus

Senior Branch Manager,

National Insurance Company Ltd., Jharsuguda Branch,

Kalimandir Road, Jharsuguda, PO: Kalimandir Road,

Dist: Jharsuguda, Odisha………………………...……..…………………..Opp. Party.

Counsel for the Parties:-

For the Complainant                                  D. Naik, Adv. & Associates.

For the Opp. Party                                        Arun Kumar, Adv &. Associates.

Present-   Shri Sundarlal Behera, President,    Shri Santosh Kumar Ojha, Member,       Smt. Anamika Nanda, Member(W).

Order dated 13.09.2017, Shri Santosh Kumar Ojha, Member.

In brief, the fact of the case is that, the complainant is a registered owner of one Bolero Pickup bearing Regd. No.OD-23B-2086 which was insured with the O.P Insurance company (National Insurance Company Ltd., Jharsuguda) under the policy No.163401/31/15/6300003034,valid from 20.08.2015 to 19.08.2016.  During the continuance of the said insurance policy, on dtd. 06.04.2016 the original driver was to attend a patient at hospital so the complainant hired another driver namely Anand Dang and the said vehicle met with an accident at Bye-Pass Chowk, Jharsuguda causing severe damage. The matter of accident was reported to the O.P. The complainant incurred total expenditure of Rs.2,23,733/- only towards repairing of his vehicle but the O.P repudiated the claim on dtd.26.07.2016 on the ground that the driver had not valid and effective driving license at the time of accident.  The complainant alleges the illegal repudiation of insurance claim by the O.P and filed this case for proper relief.

The O.P. Insurance company contested the case on the ground of violation of the policy condition and have repudiated the claim of the complainant. The O.P Insurance Company contented that at the time of accident one Anand Dang was driving the insured vehicle who was having driving license of Light Motor Vehicle-Non-Transport only whereas the alleged vehicle was registered as Light Goods Vehicle. The O.P. Insurance company denied to have rendered any deficient service in respect to the complainant due to the above stated reason.   

Both the parties have filed their respective evidences along with copies of relevant documents in support of their claim.

Heard from both the sides in length and gone through the documents available.  It is not disputed that complainant was having valid insurance policy in respect to his vehicle and the said vehicle was met with an accident causing damage to it.  The vehicle was insured from dtd.20.08.2015 to 19.08.2016 and the accident taken place on dtd.06.04.2016 i.e. within the validity of insurance period.  On the date of accident the said vehicle was returning after the delivering the material and was empty. The Driving license particulars of the driver namely Anand Dang driving license bearing No. OR-1420080016510 was issued on dtd.12.06.2008. The said driver, Anand Dang was authorized to drive LMV-Non Transport w.e.f 12.06.2008 to 11.06.2028. The O.P has failed to file any Surveyor’s Report for actual assessment of loss.

The complainant has filed a citation of Judgment of an exact case between Ashok Gangadhar Maratha Vrs. Oriental Insurance company Ltd., bearing Civil Appeal No. 4490 of 1996 decided on 2^nd September’1999, wherein Hon’ble Apex Court of India has held that,

 “xxx xxxx - On the date of accident the vehicle was not carrying any goods–It was a light motor vehicle, a Swaraj Mazda Truck–Completely damaged in accident–Driver was killed–Claim for compensation–Driver had driving license of light motor vehicle and not of transport vehicle–Held, that driver was holding effective valid license on the date of accident–Insurer cannot escape liability on ground of breach of policy by insured- xxx xxx xxxx”.

As the vehicle in question was not carrying any goods at the time of accident the said vehicle seems to be a light motor vehicle which was driven by the so called driver Anand Dang who was having a valid and effective driving license in respect of driving light motor vehicle so also Hon’ble Apex Court of India had also clarified on such circumstance.

Relying on the above mentioned facts and circumstances and the land mark judgment of Hon’ble Apex Court of India this Hon’ble Forum hold merit on the part of complaint petition and allow the complaint petition with directions to the Opposite parties as followes;-

ORDER

The O.P. is hereby directed to pay a sum of Rs. 2,23,733/- (Rupees two lakh twenty three thousand seven hundred thirty three) only towards insurance claim as expenses incurred by the complainant in repairing of his vehicle along with pay a sum of Rs.5,000/- (Rupees five thousand) only towards mental agony and harassment including litigation costs, within 30 (thirty) days from the date of receipt the copy of this order, failing which the O.P shall be liable for interest @ 10% per annum on the abovementioned awarded amounts till its realization.

Accordingly the case is disposed of.

Order pronounced in the open court today the 13^th day of September’ 2017. Free copy of this order be communicated to the concerned parties as per rule. 

 I Agree.                              I Agree.                                                                                          

1. Nanda, Member( W)         S. L. Behera, President               S.K.Ojha, Member         

Dictated and corrected by me

S.K.Ojha, Member