Orissa

Kendujhar

CC/14/2016

Smt. Muni Keshari - Complainant(s)

Versus

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

Sri M.D. Patra & S.K.Patra

08 Mar 2017

ORDER

IN THE COURT OF THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

KENDUJHAR

CONSUMER COMPLAINT CASE NO. 14 OF 2016

Smt. Muni Keshari, aged about 34 years,

W/o- Ganesh Prasad Keshari of Joda Basti,

 At/P.O/P.S- Joda, Pin- 758034

Dist- Keonjhar, Odisha……………………………………………….........Complainant

                         Vrs.

The Branch Manager,

 National Insurance Company Ltd.

Barbil Branch, Main Road, Barbil,

At/P.O/P.S- Barbil, Pin- 758035

Dist- Keonjhar, Odisha………………………………………………………..Op. Party

PRESENT:

 Shri Purushottam Samantara, President

 Smt. B. Giri, Member (W)

Adv. for the Complainant - Sri M.D. Patra & S.K.Patra

Adv. for the OP - Sri N.G. Das

_________________________________________________________________________________________ 

Date of Filing - 28.03.2016                                                                                        Date of Order- 08 .03.2017

SHRI PURUSHOTTAM SAMANTARA, PRESIDENT

1. In brief, the complainant owned Tipper bearing Regd. No.OR-09K-8911, (TATA SK1616-36 Tipper) registered transport vehicle, in maintaining her livelihood used to.    

2. Averred, the complainant insured the vehicle, in payment consideration Rs.25,583//- as premium. The Policy issued is - Policy No.163301/31/14/ 630000/4381, the cover runs from 29/03/15 to 28.03.16.  

3. During the currency of the policy, the vehicle met accident on dt.10.9.2015 and matter entered in SDE No.255/11/09/15 Bamebari, Police Station. It is stated, the claim No.163301/31/15/ 6390000054, Surveyor deputed, the repaired costs a sum of Rs.2,50,888/- but did not settle the O.D. claim.

4. Further stated on dated 05.02.2016 letter of repudiation was issued on ground that the verification of Driving license of Mr. Chandra Mohan Hessa, relating to D.L. No.OD-0220110548533 issued by RTA, BBSR and preceding to the noted D/L No.7073/2011/PB issued by L.A, DTO, Jalandhar (Punjab) found to be “Fake one”.

5. The letters dt.22.02.2016 and dt.02.03.2016 intimated to rated the claim as “No Claim”. Being harassed institute the case in sought of relief as deemed and proper placing reliance on policy bond, R.C, Permit, Fitness Certificate and D.L. No.OD-0220110548533, which is valid and effective on the date of accident.

6. Upon notice, the OP appeared and filed the written version with denials that there is no cause of action, barred of limitation and the vehicle being employed in commercial purpose, the forum has no jurisdiction, thus not maintainable.

7. Further submitted, the complainant failed to take responsible steps in safe guard of the vehicle. The verification D/L No.OD-0220110548533 L.A. Bhubaneswar relates to Previous D/L No.7073/11/PB 1505/15, BBSR and the C.Copy of D/L No.7073/J/2011-12 was issued in favour of Ashok Kumar, R/O E567, Makhdom Pura, Jalandhar authorized to drive scooter/car, validates from 31.05.2011 to 30.05.2031 and the claim was closed as “No claim”, on the grounds violation of the term & condition of Policy.

8. Also stated the claim is excessive and arbitrary for which the petition is liable to dismissed against the OP.

9. Heard the parties at length and perused the record and gone through the respective Written Note Argument.

10. The pleadings of the complainant is that during subsistence policy, the occurance/ accident has happened again driver holds genuine driving license which is valid and sufficiently authorized to drive the vehicle, on the date of accident.  The previous D/L No.7073/11 PB is fictitiously adduced and the content and nature of issuance neither believable nor admissible before this forum.   

11. The case is contested by the OP and contended the present status of a Driving license does not constitute validity, unless until the entirety found in order, the issuance of D/L by L.A, Bhubaneswar is part of the original license No. and without verification the root of the case is fatal.

12. The core issue remain to decided that whether renewal of fake driving license would make it genuine. While deciding these, the commissions have taken into account, the judgement of the Supreme Court in United India Insurance Co. Versus Davinder Singh (2007) 8 SC 698, where it had been observed that third party Insurance is mandatory as a social obligation under the Motor Vehicle Act, while Insurance for own damage is optional. So, a distinction would have to be drawn between third party claims and own damage claim. 

13. The Apex Court also reiterates in New India Assurance Company Ltd. VS Kamala Devi (2001) 4 SC 342. That a fake license cannot get its forgery stripped off merely because some officer renews it without knowing that it is a forged one. No licensing Authority has the power to renew a fake license. So, a renewal cannot transform a fake license into genuine one.  

14. The complainant did not rebutted the genuininity in any further documentary evidence. The above noted view is concurrently asserted in the findings in the judgement dated 20^th Oct. 2015, New India Assurance Co. Ltd. Versus Dinesh Chandra Porwal, Revision Petition No.498/2009 - “No claim if vehicle driver does not have valid license”. We subscribe the same view and disallow the case accordingly.

       Thus under the foregoing assertions, we can say, the Insurance company was justified in repudiating the claim as the license was a forged one. So the case is liable to be dismissed. 

 

Copy of the Order be made available to the parties as per rule.

File be consigned to record room.

Pronounced, 8th March 2017.          

                                                                                                                                                             

                  I agree                                                

             (Smt. B. Giri)                                                                                     (Shri Purushottam Samantara)

            Member (W)                                                                                                         President                    

         DCDRF, Keonjhar                                                                                             DCDRF, Keonjhar                                             

 

                                                                                Dictated & Corrected by me

                                                                                (Shri Purushottam Samantara)

                                                                                          (President)

                                                                                     DCDRF, Keonjhar