West Bengal

Paschim Midnapore

CC/121/2012

Ashalata Dolai - Complainant(s)

Versus

The Branch Manager, National Insurance Co. Ltd - Opp.Party(s)

08 May 2013

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No.121/2012                                                         Date of disposal: 08/05/2013                               

 BEFORE : THE HON’BLE PRESIDENT :  Mr. K. S. Samajder.

                                                      MEMBER :  xxxxxxxxxxxx

                                                      MEMBER :  Mr. Kapot Chattopadhyay.

    For the Complainant/Petitioner/Plaintiff : Mr. S. Panda. Advocate.

    For the Defendant/O.P.S.                           : Mirza Md. G. Chowdhury. Advocate.

          

Ashalata Dolai, W/o-Nirpada Dolai resident of Vill-Tutranga, P.O.-Thakurchak, P.S.-Belda, Dist-Paschim Medinipur… ………Complainant.

                                                              Vs.

1. The Branch Manager, National Insurance Co. Ltd., Kharagpur Branch Office, O.T. Road near LICI, Br. Office, P.O.-Kharagpur, Dist- Paschim Medinipur
2. The Divisional Manager, National Insurance Co. Ltd., Station Road P.O. & P.S.-Midnapore, Dist-Paschim Medinipur .…………Ops.

            The case of the complainant, in a nutshell, is that the complainant purchased a TATA ACE pick up van  which was registered with the concerned authority having Registration No.WB-33A-5095. The said vehicle was insured with the Op-Insurance Co. On 12/02/2011, the vehicle met with an accident. The incident of accident was intimated to Op. no.1 and the complainant filed claim application in prescribed form duly filled in alongwith relevant documents to the Op-Insurance Co. Thereafter, the Op-Insurance Co. deputed a surveyor for making enquiry and survey for the purpose of assessing the amount of loss or damage. After such inspection the complainant got the vehicle repaired spending a sum of Rs.25,000/-(Twenty five thousand only). The complainant further submitted that she received a letter for Op. no.1 on 29/09/2011 asking the complainant to submit valid fitness certificate of the vehicle and accordingly the complainant submitted the same and asked to the Op. no.1 to accept the claim but no reply having been received by the complainant, this case has been filed claiming Rs.25,000/-(Twenty five thousand only) towards cost of repair of the vehicle and litigation cost of Rs.5,000/-(Five thousand only).

              The Op. no.1 contested the by filing a written objection contending, interalia, that 29/09/2011 this Op sent a letter to the complainant asking her to supply the fitness certificate of the

Contd…………..P/2

 

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vehicle covering the date of accident. But the complainant filed to submit the said certificate. Rather, the complainant vide letter dated 14/10/2011 addressed to the Op. no.1 admitted that the vehicle in question had certificate of fitness till 07/10/2010 while the accident took place on 12/02/2011. However, the complainant applied for fitness certificate on 06/06/2011 before the appropriate authority and the complainant received the fitness certificate on 21/06/2011. According to the Op. no.1 obtaining fitness certificate of a motor vehicle is mandatory under the motor vehicle Act, 1988 as the well as the rules framed there under and since the vehicle in question did not have any valid certificate of fitness on the date of accident, there was violation of terms and conditions of the Insurance policy and as such the complainant is not entitled to get the relief claimed.

               It is now for our consideration as to whether the complainant is entitled to get the relief as claimed.

Decisions with reasons

                 Admitted position in this case is that the vehicle being Reg.No.WB-33A-5095 was insured with Insurance Co. It is also undisputed that on 12/02/2011 the vehicle met with an accident. The complainant complained that her prayer for making payment of the cost of repair of the vehicle was not entertained by the Insurance Co. The Op. no.1 contended that the vehicle in question did not have any valid certificate of fitness which was clear violation of the motor vehicle Act and Rules and also the terms and condition of the Insurance policy.

                 During hearing of the case it appeared to be an admitted position that the policy in question was ‘own damage claim’ policy. During having Ld. Lawyer for the complainant fairly admitted the defense version that the vehicle in question did not have any valid certificate of fitness for plying on the road. This is clear violation of sec. 56 of the motor vehicle Act, 1988 and rule 57 of the W.B. motor vehicle rules 1989. Needless to say that a vehicle can not ply on the road with out having a valid certificate of fitness. In this case, since it is admitted that the vehicle in question did not have any valid certificate of fitness on the date of accident, there was violation of every thing with regard to the relevant provision Motor vehicle Act & rules and condition of Insurance policy which disentitles the complainant to get the relief claim. In this case, it is an admitted position that the vehicle in question is a commercial vehicle. Naturally, it can be presumed that the same was used for commercial purpose. It is not the case of the compliant that the vehicle in question was used for self employment  purpose. Therefore, the complainant can not be said to be a consumer with in the definition of the terms ‘Consumer’ under sec.2(d)(i)(ii) of the CP Act, 1986.

         Contd…………..P/3

 

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On this score also to the complainant is not entitled the get the vehicle claimed.   

                Hence, it is,

                                    Ordered,

                                                    that the case be dismissed on contest against the Op. no.1 and exparte against the rest. Copy of this judgement be supplied to the contesting parties free of cost.

Dic. & Corrected by me

              

         President                                          Member                                                   President

                                                                                                                              District Forum

                                                                                                                           Paschim Medinipur.