Complaint filed on: 02-05-2017 Disposed on: 09-02-2018
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM,
OLD DC OFFICE COMPOUND, TUMAKURU-572 101
CC.No.48/2017
DATED THIS THE 9th DAY OF FEBRUARY 2018
PRESENT
SMT.PRATHIBHA. R.K. BAL, LLM, PRESIDENT
SMT.GIRIJA, B.A., LADY MEMBER
Complainant: -
S.Ramachandra,
S/o. Siddappa, aged about 49 years, Proprietor,
M/s. R & R Engineering Works,
No.43, Karihobanahally,
Thigalarapalya Main Road, Peenya 2nd Stage, Bengaluru -58
(By Advocate Sri.H.V.Ranganatha Reddy)
V/s
Opposite parties:-
The Head of Claims Department, TATA AIG General Insurance Co. Ltd., 2nd floor, Devi Jumbukeshwara Arcade, No.69, Millers Road,
Bengaluru-58
(By Advocate Sri.N.V.Naveen Kumar)
ORDER
SMT.PRATHIBHA. R.K. PRESIDENT
This complaint is filed by the complainant against the Opposite Party, under Section 12 of the Consumer Protection Act. The complainant prays to direct the OP to pay a sum of Rs.1,25,000=00 along with costs of Rs.10,000=00 and to pay compensation of Rs.1,35,000=00 to the complainant, in the interest of justice and equity.
2. The brief facts of the complaint is as under.
The complainant had purchased the Car bearing Reg. No.KA-51-MB-9536, Volkswagen Vento and the same was insured with the OP.
On 10-2-2017 at 5.30 p.m. the above said Car met with an accident near Hotel Nanjundeshwara Junction, Tumakuru against the two wheeler bike bearing Reg. No.KA-06-EX-8087. Due to the said accident, the car was damaged. Thereafter, the complainant has intimated the said facts to the OP and the OP had informed the complainant to shift the damaged vehicle to the Prefect Auto Care (Bosch Service). On the advice of the OP the complainant shifted the damaged car to Perfect Auto Care, Opp. Badramma Kalyana Mantapa, Somekatte Mat, BG Road, Tumakuru. Thereafter, the OP had examined the damaged car and directed the showroom authority to prepare the estimate. The showroom authorities have prepared the estimate cost of Rs.98,123=00. Thereafter, the OP had repudiated the claim of the complainant stating that the complainant is not having valid driving licence. Hence, the complainant issued a letter dated 20-3-2017 along with the documents to show that, he is having a valid driving licence and the said notice was served on the OP. Without paying the actual claim amount of Rs.75,000=00, the OP has repudiated the claim of the complainant. Hence, the OP has violated the terms and conditions of the insurance policy.
The complainant further submitted that, he is running the R & R Engineering Works and he is supplying the major components to the Karnataka Power Corporation Ltd. To get the orders from the said Company, he was using the above said vehicle. Due to repudiation of the claim amount, the complainant is unable to get the vehicle in time. Hence, the complainant has hired the car by spending an amount of Rs.50,000=00 for his business purpose. This act of the OP made the complainant to suffer mental agony. Hence the complainant has filed the present complaint for the deficiency of service caused by the OP.
3. After service of the notice, the OP has appeared through his counsel and filed written version contending interalia as under:
The averments made in the complaint are all false and denied by the OP. Without prejudice, the OP submitted that, the complainant has insured his vehicle bearing Reg. No.KA-51-MB-9536 with the OP vide policy bearing No.0155938583 and it was valid from 30-3-2016 to 29-3-2017. The OP further submitted that, on 10-2-2015 at about 5 p.m. the above said vehicle met with an accident near Nanjundeshwara Hotel junction, Tumakuru. The OP further submitted that, he has received the claim intimation through call center on 17-2-2017 regarding the damage to the insured vehicle. Immediately, the OP has appointed an IRDA approved licensed surveyor Mr.Girish to inspect and assess the damage caused to the insured vehicle. The said surveyor inspected the vehicle on 18-2-2017 i.e. within 24 hours from the date of intimation and submitted the report to the OP on 21-2-2017. The surveyor has assessed the loss for an amount of Rs.44,389=00 subject to the terms of the policy.
The OP further submitted that, as per the claim intimation and also based on the documents submitted by the complainant, at the time of loss, the complainant himself was driving the insured vehicle and as per the driving license submitted, he was licensed to drive the LMV NY valid up to 6-4-2015. As on the accident date i.e. on 10-2-2017, the DL of the complainant was expired way back in the year 2015 and he was not holding valid and effective driving licence to drive the insured vehicle at the time of accident. Hence, the claim of the complainant was repudiated, since it is against the terms and conditions of the policy. Hence, there was no deficiency of servcie on the part of the OP. Hence, the OP has prayed to dismiss the complaint with exemplary cost, in the ends of justice.
4. In the course of enquiry into the complaint, the complainant and the OP have filed their affidavit evidence reproducing what they have stated in their respective complaint and version. Both parties have produced documents which were marked as Ex-P1 to P16 and Ex-R1 to R9. We have heard the arguments of both parties and we have gone through the oral and documentary evidence of both sides meticulously and posted the case for order.
5. Based on the above materials, the following points will arise for our consideration.
- Whether the complainant has proved deficiency in service on the part of the OP?
- What Order?
6. Our findings on the above points are;
Point no.1: In the negative
Point no.2: As per the final order below.
REASONS
7. As looking into the allegations made in the complaint and also version filed by the OP, it is an admitted fact that, the complainant is the RC owner of the Car bearing Reg. No.KA-51-MB-9536. The above said vehicle was insured with the OP under policy bearing No.0155938583 and it was valid from 30-3-2016 to 29-3-2016. It is also admitted fact that, the above said vehicle met with an accident on 10-2-2017. The said policy was in force at the time of accident.
8. The contention of the complainant is that, the complainant is having valid and effective driving licence at the time of accident and it is valid upto 31-5-2018. But the OP has repudiated the claim of the complainant.
9. Per-contra, the OP submitted that, the complainant is not having valid and effective driving licence at the time of accident and it was expired on 6-4-2015. Hence, it is against the terms and conditions of the policy. Therefore the OP has repudiated the claim of the complainant. Hence, there is no deficiency in servcie on the part of the OP.
10. On perusal of the repudiation letter dated 7-3-2017 produced by the OP/Ex-R7, it reads as under:
“This is with reference to the captioned claim intimated to our call centre on 17-2-2017 for the damages to the said vehicle that occurred on 10-2-2017.
We deputed Mr.Girish surveyor duly licensed by the IRDA for the inspection and assessing the alleged damages to the vehicle Mr.Girish carried out the inspection on 18-2-2017.
While scrutinizing the claim documents submitted by your good self, it was found that, Mr.Ramachandra S (DL No.KA03 19950000193) was driving the vehicle at the time of accident who’s DL was expired on 6-4-2015, but the date of accident is 10-2-2017. Thus the driver who was driving the vehicle at the time of accident is not having effective and valid driving licence in force to drive, which is violating the Motor Vehicle Act 1989 (S.3r/Ws.181 of MV Act).
Should you believe that we have overlooked any material fact or circumstances or should you wish to present an alternative interpretation of any relevant policy provision, please draw the same to our attention for our further consideration within 7 days of receipt of this letter.
If no representation /clarification is received by you the claim will be finally treated as repudiated on the grounds clearly mentioned in this letter”.
11. Further, on perusal of the document produced by the OP i.e. Driving Licence/Ex-R6 issued by the RTO, Bengaluru (North), wherein it is clearly seen that, the licence of the complainant was valid upto 6-4-2015. On perusal of the document produced by the complainant i.e. Extract of the Driving Licence issued by the RTO, Bengaluru (North)/Ex-P13, wherein it is seen that, the driving licence validity upto 31-5-2018, the date of renewal of the Driving Licence mentioned as 22-2-2017. Admittedly, the said accident was occurred on 10-2-2017. Hence it is very clear that, the complainant is not having valid and effective driving licence at the time of accident. As per the Section 3 of the Motor Vehicle Act, it reads as under”
“(a) no person shall drive a motor vehicle in any public place unless he holds an effective license issued to him authorizing him to drive the vehicle”.
12. The act of the complainant in driving the vehicle bearing Reg. No.KA-51-MB-9536 without having valid and effective driving license on 10-2-2017 and causing the accident resulting into extensively damages is nothing but violation of terms and condition of the policy taken from the OP. So on account of driving the vehicle without any valid driving license which is against the policy terms and conditions, the OP being the insurer will not come to rescue of the complainant. As such we are of the view that, the oral and documentary evidence of OP placed before the forum are more believable trustworthy and acted upon than the material evidence of the complainant. So in view of discussion made hitherto, we hold that, the complainant has failed to prove this point with believable material evidence that, the OP is negligent and there is deficiency of service on the part of the OP in making rejection of his claim. Accordingly, we answer the point No.1 in a negative. In the result, for the foregoing reasons, we proceed to pass the following order.
ORDER
The complaint filed by the complainant is hereby dismissed. Both parties shall bear their own costs.
Supply free copy of this order to both parties.
(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open forum on this, the 9th day of February 2018).
LADY MEMBER PRESIDENT
