KUNDAN KUMAR KUMAI

This is an appeal u/s 15 of the Consumer Protect Act, 1986, preferred against the order dated 16/12/2022, passed by the Ld. DCDRF, Raiganj, Uttar Dinajpur, in CC/08/2020.

The Appellant’s case in brief is that, the Appellant had purchased a vehicle, bearing Registration No. WB74Q-1702, being Maruti Suzuki Swift VDI, insured by the Respondent/OP, vide Policy no.0314033115P113378046. On 02/10/2016, the Appellant, along with her family members, were travelling from Gangarampur to her residence and suddenly at Haldibari, Dhankoil, Uttar Dinajpur, Kaliaganj State Highway, met with a road accident, resulting in the damage of the vehicle. The elder brother-in-law of the Appellant, being an expert driver, since 1995, had been driving the vehicle, with a valid license, bearing no. WB5919950002687, issued by RTO, LA, Uttar Dinajpur. Immediately after the accident the Appellant, had intimated to the Respondent/Insurance Company, about the accident. On the basis of which, the Respondent/Insurance Co., investigated the accident by a panel investigator. The Appellant had taken the vehicle to the Authorised Service Center, GRD Motors, who submitted an estimate of Rs.1,21,263/- (Rupees one lakh twenty-one thousand two sixty-three) only and had repaired the said vehicle, with full payment. The Appellant then submitted a claim for the loss suffered to the Respondent/Insurance Co., along with all necessary documents, but the Respondent/Insurance Co., repudiated the claim, vide letter dated 19/03/2018, on the ground, that the license bearing no. WB5919950002687, was invalid, at the time of accident. In spite of, making many requests the Respondent/Insurance Co., failed to honour the claim. Finding no alternative, the Appellant filed a complaint before the Ld. DCDRF, Raiganj, Uttar Dinajpur with necessary prayers.

The Respondent/Insurance Co. appeared to contest the claim by filing written version, wherein it was stated that at the time of accident the driving licence of the driver was not valid, which resulted in the breach of Policy conditions, basing on the reports submitted by the investigator. It was further prayed that the case be dismissed.

After going through the materials and evidence on record, the Ld. DCDRF, Raiganj, Uttar Dinajpur passed the impugned order, dismissing the case of the Appellant.

Being aggrieved by the above order, the instant appeal was preferred on the ground, that the Ld. DCDRF, Raiganj, Uttar Dinajpur, erred in law and facts, while passing the impugned order.  

Decisions with Reasons

Ld. Advocate for the Appellant, at the time of final hearing, had submitted that the Respondent/Insurance Co., had repudiated the claim illegally, on the ground that the driving license was not valid, at the time of accident. He had also relied on the driving license, filed along with Memo of Appeal on page 16 & 17, wherein it is clearly shown that the validity of the license was till 14/06/2027. He therefore prayed for setting aside the impugned order and allowing the claim of the Appellant.

Ld. Advocate for the Respondent/Insurance Co., on the other hand, had pointed out to the Policy, wherein the persons entitled to drive must have an effective driving license, at the time of accident. He had also pointed to the extract of the driving license, obtained from the Transport Department, wherein it was clearly mentioned that from 03/09/2016 to 13/06/2017, the license was not valid. He had relied in the judgement, passed by the Hon’ble Supreme Court, in National Insurance Co. Ltd. Vs. Neena Aggarwal.

The facts of the case are not disputed. The only point of dispute is with regard to the validity of the driving license, at the time of accident. The Appellant/Complainant, had claimed that the driving license, at the time of accident, was valid on the ground, that the driving license, lying in the possession of the driver, copy of which was reproduced in page 16 & 17 of Memo of Appeal, showing the validity of the license till 14/06/2017, whereas the Respondent/Insurance Co., had based their defence, on the extract of driving license, obtained from the Transport Department, Uttar Dinajpur, wherein the invalidity for non-transport and transport respectively, had been shown as 03/09/2016 to 13/06/2017, effectively covering the date of accident on 02/10/2016. In this regard, there is no explanation forthcoming, for the reason of invalidity for the above-mentioned period. On the other hand, the driver of the vehicle concerned, believed that the driving license, in his possession was valid till 2027. Under such circumstance, there appears to be only a technical non-compliance of the Clause, that a person, driving, must have an effective driving license. In any case, the validity of license for non-transport is 13/06/2022 and validity of transport is 13/06/2020, which in effect, means that apart from, the period 03/09/2016 to 13/06/2017, the driving license was valid up to 13/6/2022 and 13/6/2020, respectively. For such technical invalidity, the repudiation by the Respondent/Insurance Co., cannot be held to be valid specially when the Policy was valid from 06/02/2016 to midnight of 05/02/2017 and the driver or the Appellant, cannot be held to be liable for such non-compliance, as it was such a tiny technicality, that could have been known to them. Under the circumstance, the Appellant/Complainant, is entitled to the claim, on a non-standard basis @ 75% of Rs.121263.75 (Rupees one lakh twenty-one thousand two hundred sixty-three point seven five paise) only = Rs.90948/- (Rupees ninety thousand nine hundred forty-eight) only. The Respondent/Insurance Co. is therefore directed to make good, the amount of Rs.90948/- (Rupees ninety thousand nine hundred forty-eight) only, to the Appellant/Complainant. As a result, the instant appeal succeeds.

It is therefore,

ORDERED

That the instant appeal be and the same is allowed on contest, but without cost.

The impugned order is hereby set aside.

The Respondent/Insurance Co., is directed to comply with the directions, in the body of judgement within 45 days, from the date of receipt of this order, failing which interest @ 9% PA, would be attracted.

Copy of the order be sent to the parties, free of cost.

Copy of the order be sent to the Ld. DCDRF, Raiganj, Uttar Dinajpur, for necessary information.