West Bengal

Bankura

CC/22/2020

Smt. Kshama Mitra - Complainant(s)

Versus

The Manager Claim, Bajaj Allianz General Insurance Co. Ltd - Opp.Party(s)

Pradip Kumar Patra

11 Dec 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 22/2020

           Date of Filing: 16-10-2020

Before:                                        

1. Samiran Dutta                            Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member.                            

 

For the Complainant:  Ld. Advocate Pradip Patra

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

                                                                                                                            

Complainant

Smt. Kshama Mitra, Wife of Sri Jayanta Mitra, Residing at High School Road, Khatra under P.S. Khatra, District Bankura – 722140..

Opposite Party 

1. The Manager (Claim), Bajaj Allianz General Insurance Co. Ltd., State Bank of India, Main Building, 2^nd Floor, Machantala, Bijoy Smrity, Bankura – 722101.

2. The Manager, Bajaj Allianz General Insurance Co. Ltd., 164/1 Manicktala Main Road, Mani Square, 6^th Floor, Canal Circle Road, Premises No.41, Kolkata 700054.

3. The Managing Director and / or Chief Executive Officer, Bajaj Allianz General Insurance Co. Ltd., Bajaj Allianz House, Airport Road, Yerawada, Pune – 411006.                                                                                                                                                                                                                                                                    

FINAL ORDER / JUDGEMENT  

Order No.26

Dated:11-12-2023

Both parties file hazira through advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that she is the registered owner of a private four wheeler Registration No. being WB02AH6381 duly insured with O.P./Insurance Co. No. being OG-18-2419-1801-00000418. The Complainant along with her brothers and friends were going to Village-Ladda under Ranibbandh P.S., District-Bankura in the said car being driven by Tapan Mahato for attending a marriage ceremony but on the road the car was set on fire out of a political rivalry between the husband of the Complainant Sri Jayanta Mitra having allegiance with T.M.C. party and a violent mob of BJP party and the Complainant out of fear left the car abandoned and lodged Ranibandh P.S. Case No.21/18, dt.15/05/2018 u/s 147/148/149/325/326/307/427/435/506 I.P.C. and also reported the incident to the O.P./Insurance Co. together with claim application for the damaged car but the claim was repudiated by the O.P./Insurance Co. solely on the ground that the Driver Tapan Mahahto had no valid Driving License at the time of incident and that the O.P./Insurance Co. is not liable to pay compensation for the damaged car out of any political violence.

                                                                                                                                                                                             Contd……p/2

                                                                                                         Page: 2                                                                                          

                                                                                      -: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents on both sides the Commission finds that admittedly the vehicle was set on fire following an act of political vandalism as a result of which the car was completely burnt and damaged. Terms and condition of the Policy does not however disentitle the Complainant to get compensation for the damaged car in such case but valid Driving License of the Driver Sri Tapan Mahato could not be produced at the time of hearing. The Driving License of Sri Mahato which is on record shows that it is valid from 19/10/2000 to 18/10/2015 for LMV (N.T.). The incident took place on 14/05/2018 and said Tapan Mahato had naturally no valid Driving License at the time of occurrence. Possession and production of a valid Driving License is the pre-condition to get an Insurance claim arising out of any car accident and non-production and non-possession thereof is a fundamental breach of the Policy which disentitles the Complainant to get the compensation as prayed for.

Accordingly 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