:    J U D G M E N T    :

The petitioner, Abhranil Biswas has filed the instant case against the opposite party, Branch Manager, Bajaj Allianz General Insurance Company Ltd., Bowbazar, Krishnagar, Dist. Nadia under Section 12 of the Consumer Protection Act, 1986.

Case of the petitioner in brief:-

            The petitioner purchased a policy No. OG-14-2418-1803-00000215 dtd.  08.08.2013 covering a “Goods Carrying Public Carrier” for the period from 06.08.2013 to 05.08.2014 midnight and the premium paid for the policy was Rs. 19,156/- and the insured declared value (IDV) was Rs. 3.5 lac. (Mahindra & Mahindra Make, Reg. No. WB51A4966)).  The petitioner also paid a life time tax to the Motor Vehicle Department, Nadia.   The vehicle met with an accident on 04.01.2014 at 17.45 hrs at Asrappur Madrasapara Kalirhat Betai towards Palashi Pucca Road, P.S. Tehatta Dist. Nadia.  After receiving a complaint from one Ramesh Das, Tehatta P.S. started a case being Tehatta P.S. case No. 14/2014 dtd.  04.01.2014 U/S 279/30 of IPC.  The policy mentioned above had guaranteed benefit and the policy holder shall have the right to exclude and include from his courage the comprehensive accident Protection.  Accordingly the petitioner informed the OP about the damage of the insured vehicle after it met with an accident on 04.01.2014 and the OP was also informed about the P.S. case which was started by the Tehatta Police.  The petitioner sent all the documents to the office of the opposite party in respect of the claim and the OP informed the petitioner that they were unable to honour the claim, vide letter dated 10.06.2014 as the Driving License of Bapi Das who was driving the vehicle and died in the accident did not have a valid license at that point of time.  The OPs took the plea that according to Motor Vehicle Act no person can drive a motor vehicle without a valid license.  A chargesheet was filed by the P.S., Tehatta before the Ld. ACJM, Tehatta and the petitioner also filed.  The proof of such documents along with the First Information Report after receiving the certified copy of the Magistrate record.  It is true that the vehicle was damaged and the petitioner is entitled to get the insured value from the OP and there is no question of violation of the policy conditions.

            So the petitioner has filed the instant case for getting redressed as the opposite party was reluctant to settle his claim without any valid ground and the cause of action arose on 10.06.2014 when the OP repudiated the claim of the petitioner.  The petitioner has come before the Forum with clear hands with the following prayers.

   (i)  Direction upon the OP to pay the insured sum of Rs. 2,00,000/- with interest.

   (ii) Direction upon the OP to pay a compensation of Rs. 1,00,000/- along with litigation cost. 

            The case was declared exparte on 04.09.15 vide order No. 6 and the OP files a petition praying for vacation of the order but it was rejected after contested hearing on 23.12.2015 vide order No. 13.  The petitioner was heard on 23.02.16.  Petitioner has filed affidavit-in-chief & written argument in support of his claim.

From the pleadings, documents & evidence, we frame the following issues for proper adjudication of the case. 

1)         Whether the petitioner is a consumer under the OP.

2)         Whether the OP suffers from deficiency in service.

3)         Whether the petitioner is entitled to get relief from the OP as prayed for.

DECISIONS WITH REASONS

Point No. 1.       

The petitioner is a consumer under the opposite party, Branch Manager, Bajaj Allianz General Insurance Company Ltd. as the petitioner purchased a policy from the OP by paying the requisite premium.  Hence OP is the service provider and petitioner is a consumer.

Point No. 2 & 3:

The F.I.R. was lodged by a person named Ramesh Das who happened to be the brother of the driver Bapi Das who died in the accident on 04.01.2014.  The vehicle (WB 51A 4966) was Mini Truck of Mahindra & Mahindra Company collided with a Bollero Van (Reg. No. WB 51A -1512 at Asrajpur within the jurisdiction of Tehatta P.S.  The driving license of Bapi Das shows that it was valid till 02.01.2014 and the accident took place on 04.01.2014 just 2 days after the expiry of the license.  This is the only reason for repudiation of the alleged claim by the OP.  It is also true that the petitioner Abhranil Biswas incurred a cost of Rs. 1,43,220/- for repairing the vehicle including towing charge from Tehatta P.S. to Krishnagar Chatterjee Industries on 26.02.2014.  The requisite documents i.e., the repudiation letter issued by the OP (Annexure – 1) receipts issued by various service centres (Annexure – 3 to 17), receipt for the towing charge (Annexure – 2), F.I.R. copy (Annexure – 12), P.S. case (Annexure – 14), Driving Licence of the driver (Annexure – 15), Death Certificate of Bapi Das has been filed by the petitioner which proves that the vehicle met with an accident on 04.01.14 and it was damaged and unfortunately the driver Bapi Das who died in the accident did not have a valid driving licence on the date of accident.  Now the moot point on  which the forum will depend before coming to a decision is whether a person can drive a public vehicle with a driving license which has expired 2 days back according to Motor Vehicle Act? 

                        According to S.14(2) of the Motor Vehicles Act every driving license shall notwithstanding its expiry continue to be effective for a period of 30 days from such expiry.  So from the driving licence of Bapi Das it appears that though the licence expired on 02.01.14 he was not at fault to drive the vehicle on 04.01.14 as the licence was ought to be valid till 01.02.14.  Hence, the OPs are deficient & negligent in their services by repudiation the claim of the petitioner.  The petitioner is entitled to get relief as prayed for.

IPO paid is correct. 

            Hence,

Ordered,

That, the case CC/2015/96  be and the same is allowed exparte against the OP with cost.

  The OP Branch Manager, Bajaj Allianz General Insurance Company Ltd. is directed to pay the total repairing cost of the vehicle which was damaged in the accident on 04.01.14 which amounts to Rs. 1,43,200/- along with 9% interest from the date of towing the vehicle i.e., 26.02.2014 till the date of order along with compensation of Rs. 1000/- & litigation cost of Rs. 1000/- within one month, i.d., an additional amount of Rs. 100/- will be charged from the date of default till the date of payment over & above the principal amount, compensation & cost.

Let a copy of this judgment be delivered to the parties free of cost.