Tripura

StateCommission

A/21/2022

Soma Debnath (Shil) - Complainant(s)

Versus

The Divisional Manager, Oriental Insurance Company Ltd. - Opp.Party(s)

Mr. A. Roy Chowdhury, Mr. S. K. Banik, Mr. S. Chowdhury

04 Nov 2022

ORDER

Tripura State Consumer Disputes Redressal Commission Agartala : West Tripura

Case No. A.21.2022

 

 

 

1. Smt. Soma Debnath (Shil),

W/o Late Balai Shil

 

2. Smt. Usha Rani Shil,

W/o Late Jogesh Shil.

 

Both are the resident of West Tara Nagar, Mohanpur,

P.S. Sidhai, District - West Tripura.

 

              .… … … … Appellant/Complainants

Vs

 

 

1. The Divisional Manager,

Oriental Insurance Company Limited,

48/B, HGB Road, Agartala, P.O. Agartala,

P.S. West Agartala, District - West Tripura,

Pin: 799001.

                                                                    … … … … Respondent/Opposite Party

 

 

 

Before

 

Hon’ble Mr. Justice Arindam Lodh

President

State Commission

 

 

 

Dr Chhanda Bhattacharyya

Member

State Commission

 

 

Present:

For the Appellants:                                        Mr. Sampad Choudhury, Adv.

For the Respondent:                                       Mr. Prahlad Kumar Debnath, Adv.

Date of Hearing & Delivery of Judgment:     04.11.2022.

J U D G M E N T [ORAL]

 

Heard Mr. S. Choudhuri, learned counsel appearing on behalf of the appellants-complainant (here-in-after referred to as complainant). Also heard Mr. P.K. Debnath, learned counsel appearing for the respondent-opposite party, Insurance Company (here-in-after referred to as opposite party/Insurance Company).

2. This is an appeal preferred by the complainant against the impugned judgment and award dated 15.06.2022 passed by the learned District Consumer Disputes Redressal Commission, West Tripura, Agartala in connection with case No.CC.84 of 2020 titled as Smt. Soma Debnath (Shil), W/o Late Balai Shil and another Vs. the Divisional Manager, Oriental Insurance Company, 48/B, HGB Road, Agartala, West Tripura.
3. The fact of the case is that, the husband of the petitioner, late Balai Shil died out of an accident while he was driving a vehicle having Learner Driving Licence. The complainant has specifically pleaded in the complaint as well as had made in evidence in course of examination that at the time of driving there was a helping person who had permanent driving licence. The name of the concerned person who has a permanent driving licence is Shri Samir Debnath who had also adduced evidence before the learned District Commission. The Insurance Company also filed the objection and thereafter, by way of filing additional written objection they have pleaded that Shri Samir Debnath was not present at the time of accident as helping driver. The terms and conditions as made down in the insurance policy is that when a person during learner driving licence drives a vehicle then he must be accompanied by a person who has permanent driving licence. The complainant has also submitted that Shri Samir Debnath has a permanent driving licence and he assisted Late Balai Shil, holder of Learner's Driving License in terms of policy as pillion rider/assistant driver at the time of the accident.
4. Mr. Choudhury, learned counsel appearing for the complainant submits that the findings of the learned District Commission is erroneous and badly mis-appreciated the facts made in the complaint and that this we are the Commission allowed the claim application by allowing the instant appeal submitted by the complainant on account of death of deceased Balai Shil, the husband of the complainant.
5. On the other hand, Mr. Debnath, learned counsel appearing for the opposite party, Insurance Company submits that had Shri Samir Debnath accompanied the deceased Balai Shil, then he must have suffered some injuries, but there is no evidence that he suffered any injury on his person.
6. We have considered the submission of learned counsel, Mr. Debnath, who appearing for the respondent-Insurance Company. We also have perused the findings and reasons given by the learned District Commission while dismissing the complaint petition submitted by the complainant. It is the findings of the learned District Commission that the Police Authority during the course of investigation did not seize the driving licence of Shri Samir Debnath, who was helping late Balai Shil. It is the further findings of learned District Commission that the name of Shri Samir Debnath has also not been reflected in the ejahar. On the basis of these findings qua, the submission of Mr. Debnath as stated herein above, the learned District Commission dismissed the complaint suit of the complainant-appellant.
7. This Commission upon hearing the learned counsel appearing on behalf of the appellant/complainant has made a query as to whether there was any to column in the F.I.R to declare the name of the person having permanent driving licence. The learned counsel for the opposite party-respondent has fairly submitted that there is no column in the F.I.R on such issue. It is the settled principle of law that Tribunals are not depend on the basis of criminal case records to decide a case and according to us, it cannot be a ground to reject a claim application on mere ground that the name of the person having permanent driving licence has not been reflected in the ejahar. It is absolutely peculiar submission that the pillion driver who had permanent driving licence has to suffer injury when the driver had suffered injury. As such, this submission of learned counsel appearing on behalf of the opposite party-respondent is repelled.
8. On consideration of entire facts and circumstances, we find, the findings of learned District Commission are erroneous and not tenable in law. Accordingly, we set aside and quashed the judgment dated 15.06.2022 passed by the learned District Commission, West Tripura, Agartala in connection with case No.CC.84 of 2020. Consequently, we allow this appeal and directed the opposite party, Insurance Company to pay the compensation as made in the complaint application along with interest @6% per annum.

With the aforesaid directions, the instant appeal stands allowed and thus disposed of.