<br /> D.o.F:16/6/06<br /> D.o.O:14/8/08<br /> IN THE CONSUMER DISPUTES REDRESSAL FORUM KASARAGOD<br /> CC.NO.73/06 <br /> Dated this, the 14th day of August 2008<br /> <br /> PRESENT:<br /> SRI.K.T.SIDHIQ : PRESIDENT<br /> SMT.P.RAMADEVI : MEMBER<br /> SMT.P.P.SHYMALADEVI : MEMBER<br /> <br /> <br /> Sunny Thomas,<br /> S/o.Thomas, <br /> Makkiyil House, Malakallu Po, : Complainant<br /> Rajapuram, Kasaragod.<br /> (Adv.Balakrishnan Nai,Kasaragod) <br /> <br /> <br /> The Manager,<br /> Oriental Insurance Co.Ltd,<br /> Divisional Office-II, 11/93, : Opposite party<br /> 2nd floor, Pramod Building,<br /> Cherooty Road,Calicut-673001.<br /> (Adv.S.Mahalinga,Kasaragod)<br /> <br /> ORDER<br /> SRI.K.T.SIDHIQ: PRESIDENT:<br /> In brief:<br /> According to Sunny Thomas the goods carriage bearing Reg. No.KL-14E 6932 owned by him duly insured with Oriental Insurance Co.Ltd was met with an accident and caused damages. The surveyor appointed by the insurer assessed the damages. Accordingly Oriental Insurance Co. is liable to pay Rs.125487/- to Sunny Thomas. But the claim is repudiated on the ground that the driver had no valid and effective driving license at the time of accident eventhough the driver has been issued with driving license for LMV and the license contains authorization to drive transport vehicle from 24/2/99. As per amended Sec. 10 of M.V.Act in 1994 there is no separate driving licenses and authorization for heavy goods vehicle or heavy passenger vehicle. Hence the complaint claiming Rs.125487/- with interest and compensation of Rs.20,000/-.<br /> 2. Oriental Insurance Co.Ltd filed version and contended interalia that the vehicle is duly insured and the loss assessed by surveyor is Rs.104188/- after deducting Rs.1000/- towards policy excess and Rs.2500/- towards salvage. At the relevant time of accident, one Muhammed Kunhi was the driver and he is authorized to drive Light Motor Vehicle only and the badge to drive LMV commercial vehicle for hire or reward obtained on 24/2/99. At page 3 of the R.C class of vehicle as light goods carriage shown might be a mistake. At page 4 of R.C is clearly mentioned the gross vehicle weight is 8250/-Kg. The permit also shown the weight Gross Vehicle Weight as 8250 kgs. The policy of insurance was for Medium goods vehicle and the Gross Vehicle Weight shown is 8250Kgs. As per Sec.2(21) of MV Act vehicles having Gross Vehicle Weight below 7500 Kgs comes under LMV class of vehicles. The goods carriage other than LMV and HGV comes under Medium goods Vehicle as per Sec.2(23) of MV Act. As per registration certificate of the insured vehicle the GVW is 8250Kgs which comes under Medium Goods vehicle and not Light Motor vehicle. As there was mistake in the class of vehicle shown in page 3 of the R.C clarifications sought from RTA Kanhangad as per their reply the person holding the LMV cannot drive a vehicle having 8250kgs. Since the same is a MGV. Hence a clarification sought from Sunny Thomas and to which there was no reply. Hence the claim is repudiated.<br /> <br /> 3. No oral evidence was adduced or affidavits were filed by both sides. Exts.A1 to A4 marked on the side of Sunny Thomas. Oriental Insurance Co. marked Exts.B1 to B4 . Both sides were argued the matter in detail.<br /> <br /> 4. According to counsel for Sunny Thomas there are the following driving licenses as per Sec.10 of M.V.Act after the amendment in 1994.<br /> Motor cycle without gear, Motor cycle with gear, Invalid carriage, Light motor vehicle, Transport vehicle, road-roller and Motor vehicle of a specified description.<br /> <br /> So according to counsel for complainant since Moideeenkunhi, the driver who plied the vehicle at the time of accident was possessing a valid effective driving license, there is no violation of policy conditions which afford a ground for repudiation of insurance claim. According to him the driver at the material time of accident was possessing driving license for Light Motor vehicle and he was also authorised to drive transport vehicle from 24/2/99 onwards. Hence the repudiation is quite illegal.<br /> <br /> 5. According to the counsel for insurance company the vehicle is a Medium Goods carriage eventhough by mistake the registering authority registered it as a Light Goods carriage and the driver was having authority only to ply light motor transport vehicle. Since the vehicle at peril was Medium goods vehicle as per the report obtained by them from the registering authority the claim is rejected for want of effective driving license.<br /> <br /> 6. The argument advanced by the counsel for insurer is too technical and legally not sustainable in view of the provisions of M.V.Act. Since as per Sec.2(47) of M.V.Act a transport vehicle means <br /> “ a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle. So the definition of transport vehicle also nowhere categories the vehicles to Light , Medium or heavy types.<br /> <br /> Further Sec.3(1) of the M.V.Act requires holding of driving license which is material are read thus:-<br /> <br /> <br /> (3) Necessity for Driving License:- (1) No person shall drive a motor vehicle in any public place unless he holds an effective driving license issued to him authorizing him to drive the vehicle: and no person shall so drive a transport vehicle other than a motor cab hired for his own use or rented under any scheme made under sub section (2) of Sec.75 unless his driving license specifically entitles him so to do .<br /> <br /> From this definitions it is clear that eventhough to drive a transport vehicle a separate authorization is required it no where kept the room for authorization for light, medium and heavy transport vehicles. That being the position the repudiation of the claim of Sunny Thomas on the ground that the driver was not holding effective driving license is not tenable and it amounts to deficiency in service.<br /> Reliefs and Costs<br /> The surveyor has assessed the damages for Rs.104188/- after deducting the policy excess and salvage we do not find any reason to deviate from the findings of the surveyor.<br /> Therefore, we allow the complaint and Oriental insurance Co. is directed to pay Rs.104188/- to Sunny Thomas with interest @ 9% per annum within 2 months with a cost of Rs.2000/- from the date of receipt of copy of the order. <br /> Sd/ Sd/ Sd/ <br /> MEMBER MEMBER PRESIDENT<br /> Exts:<br /> A1-3/1/06- letter issued by OP<br /> A2-Cpy of R.C<br /> A3-Copy Goods carriage permit<br /> A4-Copy of Driving license.<br /> B1-True copy of policy<br /> B2-24/10/05-Copy of letter addressed to Addl.RTO Kanhangad.<br /> B3-5/12/05- reply of JRTO,Kasaragod<br /> B4-16/9/05- Survey report.<br /> <br /> Sd/ Sd/ Sd/ <br /> MEMBER MEMBER PRESIDENT <br /> eva/<br /> /Forwarded by Order/<br /> <br /> SENIOR SUPERINTENDENT<br />