West Bengal

Bankura

CC/8/2018

Subarna Das - Complainant(s)

Versus

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

Jayanta Kumar Mukhopadhyay

12 Apr 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION BANKURA

  Consumer Complaint No. 08/2018

Date of Filing: 02.02.2018

Before:                                        

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

 

For the Complainant:  Ld Advocate Durgaprasad Sarkar

For the O.P.Ld Advocate Chandi Charan Adhvaryyu

 

Complainant  

Sri Subarna Das, S/o Krishna Pada Das, at Subhas Pally, P.O.Burnpur, Dist. Burdwan

 

Opposite Party          

Branch Manager, The Oriental Insurance Co. Ltd., Vidya Bhawan, Machantala, Bankura

 FINAL ORDER / JUDGEMENT  

Order No.32

Dated:12-04-2023

Both parties file hazira through advocate.

The case is fixed for argument.

After hearing argument/written argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The complainant’s case is that he purchased one Swift Dezire VDI bearing Regn. No.WB 38A B8660 with the financial assistance from M/s Sundaram Finance Ltd., Kolkata Branch. The said vehicle was duly insured with O.P. vide Policy No.313106/31/2016/6111 valid from 23-08-2015 to 22-08-2016. While the policy was in force the said vehicle met an unfortunate accident on 21-08-2016 whereby the vehicle got damaged and the accident was intimated to Barikul P.S. number being 41/16, dt.23-08-2016 and the O.P. was also intimated in due time. The complainant got the damaged vehicle estimated at Rs.3,89,704/-by Authorized Maruti Dealer Bhandari Automobiles Pvt. Ltd. but the O.P. after inspection by the Surveyor repudiated the claim of the complainant mainly on the ground that at the time of accident the Driver had no valid Driving license and that the factum of damage of the vehicle has not been properly established.

Hence, the complainant has approached this Commission for compensation for the damaged vehicle and other reliefs.

                                                                                                                                                                                            Contd…..p/2

Page: 2

The O.P. contested the case by filing a written version denying all the material allegations made in the complaint but contending inter alia that at the time of accident the Driver did not possess any valid license and the factum of accident and damage of the vehicle is also doubtful.

-:Decision with reasons:-

Having regard to the facts of the case, materials on record and the contention and submission on both sides the Commission finds that though the Insurance policy was valid at the time of accident but the Driver namely Priya Ranjan Goswami had no valid license as is evident from the particulars of Driving License issued by the R.T.A., Bankura wherefrom it is evident that the Driving License Number being 2139/F/BANK/94-95 possessed by the Driver Priya Ranjan Goswami was issued on 06-10-1994 which was valid up to 05-03-2016. The accident took place on 21-08-2016 and so the Driver had no valid Driving License at the time of accident.

            The F.I.R. lodged by the complainant being the owner of the vehicle does not contain the factum of damage of the vehicle which is also corroborated by the Surveyor’s report dated: 22-02-2017 apart from the accident and assessment of damage of the vehicle.

The moot point for consideration in this case is whether the Driver had any valid License at the time of accident. Possession of a valid Driving License is a condition precedent for admission of an Insurance claim so far the 1^st Party /own damage is concerned.

Ld. Advocate appearing for the complainant has referred to the decision reported in (2004) 3 SCC 297 National Insurance Co. Ltd. Vs. Swaran Singh in support of the claim that Insurance claim for damage of the vehicle can be granted even if there is no valid Driving license at the time of the accident but the above decision is applicable in case of 3^rd Party claim only. The Apex Court in National Insurance Co. Vs. Laxminarayan Dhut reported in (2007) 3 SCC 700 has categorically held that the decision in the above mentioned Swaran Singh’s case has no application to cases other than 3^rd Party risk.

                                                                                                                                                                                     Contd……P/3

Page: 3

Admittedly the instant case is a 1^st Party claim for compensation for the own damage of the vehicle of the complainant and as such the principle of the above mentioned Swaran Singh’s case is not applicable in view of the decision in Laxminarayan Dhut’s case.

The Commission should not detain further for determination of the extent of damage of the vehicle and the entitlement of the complainant for the consequential compensation thereof.

Accordingly the complainant is not entitled to get any relief in this case.

Hence it is ordered……..

That the case be and the same is dismissed on contest.

Both parties be supplied copy of this Order free of cost.  

 

  ____________________               ________________              _________________

HON’BLE   PRESIDENT           HON’BLE MEMBER        HON’BLE MEMBER