By Sri. K. Gheevarghese, President:
The complaint filed against the Opposite Party for the repudiation of the insurance claim.
2. The complaint in brief is as follows:- The Complainant is the R.C owner of Car No. KL 12D 5559 having all India Tourist Permit. During the period of insurance coverage the vehicle met with an accident and that was on 04.02.2010. The Complainant spent Rs.1,37,750/- for the repair work. The reasonable claim of the Complainant to compensate the repair charges was no tentatively considered by the Opposite Party in time. On the repeated request of the Complainant and upon lawyer notice the Opposite Party sent a letter of repudiation. The reason suggested was that the vehicle which was driven by the driver at the time of accident had no valid driving licence. The claim repudiation of the Opposite Party is only a deficiency in service. The driver at the time of accident had valid driving licence. The claim repudiation is absolutely not based on any reason.
3. There may be an order directing the Opposite Party to pay the Complainant Rs.1,37,750/- with an interest at the rate of 18% from the date of accident till the date of payment towards the cost of repair charges along with cost and compensation of Rs.50,000/-.
4. The Opposite Party filed version the contention in brief is as follows:- The policy coverage of the vehicle at the time of accident is admitted. The vehicle was driven by one Vijesh.T.V, Tenura House, Kaniyaram. The driving licence and badge of the driver was not valid and effective to play a 4 wheeler transport vehicle. The rule (6) of Kerala Motor Vehicle 1969 reads if applicant is the holder of driving licence authorising to drive only light motors vehicle. No such authorisation shall be granted unless that satisfies the licencing authority that he has had one years experience in driving the light motor vehicle. The driver in this case had no experience of one year to drive a 4 wheeler light motor vehicle. The accident took place on 04.02.2010. The policy conditions are not pertained by the Complainant and is not to be benefited by the claim towards the loss sustained.
5. The assessment of the vehicle repair was Rs.80,750/-. The claim of the Complainant that he spent Rs.1,37,750/- is not correct. There was no delay in processing the complaint on the receival of claim application. The company deputed the surveyor and the report received was on 15.01.2010. The complaint is unsustainable and it is to be dismissed with cost.
6. The points in consideration are:-
Is there any deficiency in service on the part of the Opposite Party?
Relief and cost.
7. Points No.1 and 2:- The evidence in this case consists of the proof affidavit of the Complainant and Opposite Party, Exts.A1 to A10, B1 to B4 and X1 are the documents produced for Complainant and Opposite Party. The oral testimony of the Complainant and Opposite Party and witness is also considered. The vehicle met with the accident when it was driven by Vijesh.T.V. The driving licence is valid during the period of accident the driver was also issued a badge on the very same day of the issuance of the driving licence. The writing in the driving licence shows that it is valid for non transport vehicle from 30.10.2009 to
29.10.2012. In the case of transport vehicle the validity extends till 29.10.2012. The contention of the Complainant is that the Complainant appointed this driver verifying the driving licence. Ext.B1 is the policy conditions. To satisfy the conditions of the policy the driver is to be having an effective and valid driving licence. Ext.B2 is the letter issued to the Opposite Party by the Regional Transport Officer, Wayanad. The crust of the document is that the authorisation issued to the driver in this case does not make him legally valid to drive transport vehicle for which laps of one year required from the date of receival of the driving licence (Light Motor Vehicle). In the case of autorikshaw or motorised cycle rikshaw laps of one year from the period of receiving the driving licence is not necessary where as in the case of valid licence to drive transport vehicle having 4 wheel from the date of issuance of driving licence laps of one year period is required. The vehicle driven by the driver is 4 wheel car having all India tourist taxi permit. The Motor Vehicle Inspector, Regional Transport Office Wayanad is examined as OPW2. The Ext.B2 is issued from the office of Regional Transport Officer. On examination of witness it is further confirmed that as per the rule (6) of the Kerala Motor Vehicle Rule 1989 the driver who drove the vehicle have no valid driving licence the badge issued to the driver was only to ply Autorikshaw and Motorised Cycle Rikshaw. From the face of the documents produced and from the testimony of the witness the driver was not in a possession of effective and valid driving licence when he drove the vehicle which lead to the accident. There is no deficiency in service on the part of Opposite Parties and the points are found accordingly.
In the result, the complaint is dismissed no order as to cost.
Pronounced in open Forum on this the day of 31st March 2011.
Date of filing:24.11.2010.
PRESIDENT: Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
A P P E N D I X
Witness for the Complainant:
PW1. Kunjumon. Complainant.
Witnesses for the Opposite Parties:
OPW1. C.K. Vijayan. Manager, United India Insurance Co., Kalpetta.
OPW2. Rajesh. P. MVI, Kalpetta Regional Transport Office,
Exhibit for the Complainant:
A1. Copy of Certificate of Registration.
A2. Copy of Driving Licence.
A3. Copy of Authorisation No.99/3224/2009. dt:12.05.2009.
A4. Copy of Certificate of Insurance. dt:18.01.2010.
A5. Copy of Letter. dt:08.10.2010.
A6. Acknowledgement.
A7. Copy of Letter. dt:26.10.2010.
A8 series. Copy of Invoice.
A9. Copy of Cash Receipt No.8725. dt:14.04.2010.
A10. Copy of Certificate. dt:15.02.2010.
Exhibit for the Opposite Parties:
B1. Insurance Policy.
B2. Copy of Letter. dt:13.08.2010.
B3. Copy of Authorisation No.99/3224/2009. dt:12.05.2009.
B4. Copy of Permit in respect of all India Tourist Vehicles. dt:12.05.2009.
X1. Copy of Survey Report.
