DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 48 of 2022.

 

Smt. Subhya Rani Debbarma,

W/O. Lt. Rabi Debbarma,

Vill. & P.O.-Mohanbog,

P.S.-Melaghar,

Dist. Sepahijala Tripura- 799115,…....….......................Complainant.

 

-VERSUS-

 

1. The Bajaj Allianz General Insurance Co. Ltd. 

Represented by:- 

(a) The Branch Manager, 

(Policy Issuing Officer),

Bajaj Allianz General Insurance Co. Ltd.

3rd Floor, Aitorma Agartala, Sentrum, 

Sukantala Road, P.O.-Agartala,

Dist.-West Tripura, Pin-799001.

 

(b) The Divisional Manager, 

Bajaj Allianz General Insurance Co. Ltd.,

3rd Floor, Sreeji Tower,

C/O. Gauhati Tea Ware Housing Private Ltd.

Adjacent to Mahindra Showroom,

Near Ganeshguri, Flyover, 

Christian Basti, Guwahati, 

Assam-781005..........................................................Opposite Parties.

 

    __________PRESENT__________

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA,  AGARTALA.

 

SRI SAMIR  GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

C O U N S E L

 

For the Complainant : Sri Sanjit Chakraborty,

  Advocate. 

 

For the O.P. Nos.1 & 2 : Sri Shubhajit Chakraborty,

   Smt. Baisakhi Chakraborty,

   Advocates. 

 

 

FINAL ORDER  DELIVERED  ON: 03/04/2023.

F I N A L     O R D E R

1. Complainant Smt. Subhya Rani Debbarma has filed this complaint against the O.Ps alleging inter alia that her son Rashamani Debbarma was the owner of the Motor Vehicle bearing registration no- TR 07D- 9156 which was insured with the O.Ps including P.A. coverage for Rs.15 Lakhs covering  period from 17.06.2020 to 16.06.2021.

2. On 12.08.2020, Rasamani Debbarma and his friend, Dhanyamanik Debbarma met with an accident at Bisramganj, Rail Station. Rashamani Debbarma had been driving the motor bike. Rashamani was shifted to GB Hospital, Agartala but succumbed to the injuries.

3. The complainant being the nominee of Rashamani lodged claim with the O.Ps for P.A. coverage which was denied. 

4. The O.Ps resisted the claim by filing written objection mainly on the ground that legally the claim is not maintainable. 

5. Both the sides submitted evidence on affidavit. The complainant filed Learner's Driving License of Rashamani Debbarma, FIR lodged with the P.S. and the Policy of Insurance. Learned Counsels of both the parties argued the case at length.

6. The following point is taken up for discussion and decision:-

(I) Whether Rashamani being the holder of Learner's Driving License is entitled to the amount of P.A. coverage?

 

DECISION AND REASONS FOR DECISION:-

7. For sake of brevity Rule 3 of Central Motor Vehicle Rules 1989 is reproduced below:-

''Necessity for driving license :- (1). No person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorizing him to drive the vehicle, and no person shall so drive a transport vehicle (other than [a motor cab or motor cycle] hired for his own use or rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically entitles him so to do. 

(2). The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.  

General :- The provisions of sub-section (1) of section 3 shall not apply to a person while receiving instructions or gaining experience in driving with the object of presenting himself for a test of competence to drive, so long as :- 

(a). Such person is the holder of an effective learner's licence issued to him in Form 3 to drive the vehicle. 

(b). Such person is accompanied by an instructor holding an effective driving licence to drive the vehicle and such instructor is sitting in such a position to control or stop the vehicle; and. 

          (c). There is painted, in the front and the rear of the vehicle or on a plate or card affixed to the front and the rear, the letter “L” in red on a white background as under:

Note :- The painting on the vehicle or on the plate or card shall not be less than 18 centimeters squares and the letter “L” shall not be less than 10 centimeters high, 2 centimeters thick and 9 centimeters wide at the bottom :

Provided that a person, while receiving instructions or gaining experience in driving a motorcycle (with or without a side-car attached), shall not carry any other person on the motorcycle except for the purpose and in the manner referred to in clause (b).  ''

8. What necessarily follows is that Rashamani Debbarma had not been driving the motor vehicle while receiving instructions of gaining experience in driving with the object of presenting himself for a test of competence to drive. As such his case is not covered by Clause (a). Further, his case also not covered by Clause (b) as Dhanyamanik Debbarma also did not have Driving License.

9. Meaning thereby, Rashamani Debbarma drove his motor bike in public place without having a effective driving license in violation of Section 3 of the M.V. Act, 1988 and Rule  3 of Central Motor Vehicle Rules 1989 in violation of the material condition of the Policy of Insurance.

10. The point is decided in negative.

11. In the result, the complaint of the complainant is dismissed without cost.

12. Supply copy of the order to both the parties free of cost.    

 

 Announced.

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA,  AGARTALA

 

 

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA.