Date of Filing : 19.02.2011
Date of Order : 10.02.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR
Dated 10th day of February 2012
PRESENT
Sri. T. RAJASHEKHARAIAH …….. PRESIDENT
Sri. T.NAGARAJA …….. MEMBER
Smt. K.G.SHANTALA …….. MEMBER
Consumer Complaint No. 42 / 2011
Sri. D. Prakash,
S/o. Sri. A. Dorairaj,
M/s. Preethi Transport, No. 1199, 3rd Cross,
Gowtham Nagar, Robertsonpet,
Kolar Gold Fields,
Bangarpet Taluk.
(By Sri. P. Raghavan & others, Adv.) ……. Complainant
V/s.
The Branch Manager,
The New India Assurance Co. Ltd.,
II Floor, Bagalur Mansion, Big Bazaar,
Kolar – 563 101.
(By Sri. B. Kumar & others, Adv.) …… Opposite Party
ORDER
By Smt. K.G. SHANTALA, MEMBER
This Complaint is filed by the Complainant u/s. 12 of the Consumer Protection Act, 1986 seeking direction against the OP to pay Rs.1,11,416/- towards insurance amount, Rs.60,165/- towards interest, Rs.1,00,000/- towards damages and costs.
2. Brief facts of the Complainant’s case are that Complainant has obtained Insurance Policy from the OP bearing No. 672101/36/07/70/00000006 covering Carriers Legal Liability Insurance to his vehicle Ashok Layland KA08/781. While transporting 8000L of HSD & 4000L of BS II Gasohol, the said vehicle met with an accident on 12.02.2008 near Sheshagiri Hills in Bangalore-Mysore Road. Damage was surveyed by the OP. On the same day officials of HPCL sealed the vehicle and after RTO inspection and after completion of formalities the vehicle was unloaded in One Stop Service Station. Complainant’s motor insurance claim of Rs.31,520/- under another policy was paid by the OP. In spite of complying all the requirements by the Complainant, OP sent indefensible letter on 02.12.2010 repudiating the claim stating that there was no endorsement to drive “Heavy Transport Vehicle carrying Hazardous goods”. Hence, Complainant issued legal notice on 19.01.2011 and in spite of service of notice OP neither replied the notice nor complied his request. OP committed deficiency of service and caused loss & damage. Hence, Complainant filed the Complaint seeking for insurance claim, compensation and other reliefs.
3. On service of notice, OP appeared and filed version admitting the issuance of Carriers Legal Liability insurance policy in favour of the Complainant subject to terms & conditions. During the validity of the Policy Complainant informed the OP about the damages caused due to accident. The vehicle in question was carrying hazardous consignment belonging to HPCL at the time of accident. On receipt of claim intimation from the Complainant, OP arranged for investigation and surveyor collected the DL of the driver who was driving the Truck at the time of accident. OP has noticed from the DL that the driver was authorized to drive only LMV & HTV and was not authorized to drive hazardous goods vehicle. Since the driver was not having valid Driving Licence to drive hazardous vehicle, on this ground, OP repudiated the claim of the Complainant. Complainant by handing over the vehicle to the driver who had no valid Driving Licence to drive hazardous vehicle has violated the terms & conditions of the Policy. OP is not liable to pay the claim of the Complainant. There is no deficiency of service on its part. Hence, OP prayed to dismiss the Complaint.
4. On perusal of the pleadings of the parties, documents and written arguments, the points that arise for our consideration are as under:
(1) Whether the Complainant proves deficiency of service on the part of OP?
(2) If so, to what relief the Complainant is entitled to ?
(3) What Order ?
5. Our findings on the above points are as under:
(1) Point No. 1 – Negative
(2) Point No. 2 – Negative
(3) Point No. 3 – As per final Order
REASONS
6. Point Nos. 1 & 2 – It is an admitted fact of the parties that Complainant has obtained Carriers Legal Liability insurance from the OP for Ashok Leyland Truck No. KA-08/781 vide Policy No. 672101/36/07/70/00000006. It is also an admitted fact that the policy was in force at the time of accident and the same was intimated to the OP and also Complainant submitted the claim form to the OP. OP has admitted the accident and accepted the other Motor Insurance claim and made payment of Rs.31,520/- on 29.01.2010, but rejected the Complainant’s claim in respect of Carrier Legal Liability. The contention of the OP is that at the time of accident the driver was not having a valid Driving Licence to drive “Hazardous Goods Vehicle” and there was no endorsement in the DL that he is authorized to drive Hazardous Goods Vehicle. Complainant has alleged deficiency on the part of OP on the ground that the conditions of the Policy does not contain anything about the above endorsement in DL as mandatory. Complainant has relied on citation AIR 1990 MADRAS 305 of Madras High Court between National Insurance Co. Ltd., Madras v/s. A. Babu & others. The citation rendered by the Complainant does not apply to the facts & circumstances of the present case. OP has also relied on some citations to support his contention. We have gone through those citations carefully and come to conclusion that the citations rendered by the OP is favourable to the OP as the vehicle involved in the accident is “Tanker” carrying hazardous goods. On verification of the DL, there was no endorsement in the DL that he is authorized to drive Hazardous Goods Vehicle. Since the driver who was driving the vehicle Tanker at the time of accident was not holding valid Driving Licence to drive “Hazardous Goods Vehicle” and following the citations relied on by the OP, we are of the view that OP is right in rejecting the claim of the Complainant as the driver who was driving the Tanker was not having valid driving Licence. Hence, we answer Point Nos. 1 & 2 against the Complainant.
7. Point No. 3 – In view of the findings on Point Nos. 1 & 2, Complaint is liable to be dismissed and we proceed to pass the following:
ORDER
Complaint is dismissed.
Dictated to the Stenographer, got it transcribed and corrected and pronounced in the open Forum on this the 10th day of February 2012.
T. NAGARAJA K.G.SHANTALA T.RAJASHEKHARAIAH
Member Member President
SSS
