West Bengal

Bankura

CC/26/2023

Sri Kamala Kanta Giri - Complainant(s)

Versus

The Manager, Cholamandalam MS General Insurance Co. Ltd - Opp.Party(s)

Pulak kumar Singha

07 Nov 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 26/2023

          Date of Filing: 20.03.2023

Before:                                        

1. Samiran Dutta                              Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member.                                    

 

For the Complainant:  Ld. Advocate Pulak Kumar Singha

For the O.P.1: Ld. Advocate Chandi Charan Adhvaryyu

For the O.P.2: Ld. Advocate Jayanta Chowdhury

 

Complainant 

Sri Kamala Kanta Giri, S/o Late Badal Giri, R/o Village- Jamdoba, P.O.Teliberia, P.S.Onda, Dist. Bankura

Opposite Party

1.The Manager, Cholamandalam MS General Insurance Co. Ltd, Chhabildas Tower (3^rd Floor), 6A Middleton Street, Shakespeare Sarani, Kolkata- 71

2.The Branch Manager, Indusind Bank Ltd., Nutanchati, Bankura, P.O., P.S. & Dist.Bankura, PIN-722 101

 JUDGEMENT  

Dated:07-11-2023

The record is taken up for delivery of judgement.

The Complainant’s case is that he is the registered owner of a Four Wheeler goods vehicle No. being WB 67 B/7150 duly insured with O.P. No.1 being Policy No.3379/02603210/000/02 valid from 22/02/2022 to 21/02/2023 financed by O.P.2 Bank. But the said vehicle met with an accident at Chandankiyari within district Bokaro, Jharkhand on 16/04/2022 being loaded with cement in which the driver of the vehicle Tuhin Kanti Reja died on the spot and the vehicle was badly damaged which was registered as Chandankiyari P.S. case No.65/22 , dt.16/04/2022  u/s 279, 304A, 337, 338 IPC . The damaged vehicle was repaired and serviced at a total sum of Rs.70,000/-. The incident was reported to the O.P./Insurance Co. by preferring claim application but by letter dated: 22/06/2022 the claim was repudiated on the ground that the vehicle was overseated at the time of accident. Hence this case.

O.P.1 / Insurance Co. has contested the case by filing a written version contending inter alia that the Complainant is not entitled to get any compensation for the damaged vehicle for breach of the Policy as the vehicle was overseated at the time of accident.

O.P.2/Bank filed W.V.

                                                                                                                                                                                          Contd……p/2

                                                                                                      Page: 2

.                                                                                  -: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents including written argument on both sides the Commission finds that there is no dispute with regard to the factum of accident and the damage of the vehicle but the Ld. Advocate for the O.P. / Insurance Co. has contended at the time of hearing that the driver of the damaged vehicle had no valid driving license and more over the vehicle was overseated  as apart from the driver there were two more occupants in the vehicle namely Mr. Sukanta Reja and Mr. Kalyan Yash as per Surveyor’s report dated: 28/04/2022.

The Complainant has produced the driving License of the deceased driver Tuhin Kanti Reja but it was issued on 30/04/2007 and valid up to 15/10/2020 (Transport). The accident took place on 16/04/2022 and so at the time of of accident the driver had no valid driving License. Though two more occupants were found to be present in the vehicle at the time of accident but such overseating cannot be considered as a fundamental breach of the Policy. It is however well settled that non-possession and non-production of valid driving License is a fundamental breach of the Policy which disentitles the claimant to get any compensation for any accidental cause. The Complainant is not therefore entitled to get any relief in this case.

Hence it is ordered……..

That the case be and the same is dismissed on contest but without cost.

Both parties be supplied copy of this order free of cost.

 

 ____________________                _________________         

HON’BLE   PRESIDENT           HON’BLE MEMBER