BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.406 of 2015
Date of Instt. 18.09.2015
Date of Decision : 08.08.2016
Narinderpal Singh son of Darshan Singh R/o H.No.698, Urban Estate, Jalandhar Road, Kapurthala.
..........Complainant
Versus
The New India Assurance Company Limited, 16, Patel Chowk, Jalandhar through its Chief Manager/Authorized Signatory.
.........Opposite party
Complaint Under the Consumer Protection Act.
Before: S. Bhupinder Singh (President)
Sh.Parminder Sharma (Member)
Present: Sh.Rahul Sharma Adv., counsel for the complainant.
Sh.AK Arora & Sh.Nitish Arora Advts, counsels for the OP.
Order
Bhupinder Singh (President)
1. The complainant has filed the present complaint under the Consumer Protection Act against the opposite party (hereinafter called as OP) on the averments that complainant is owner of car mark Fiat/Grande Punto having 1.2 L capacity bearing registration No.PB09P-3144 and he got the aforesaid vehicle insured with OP vide policy No.36100231140100000263 which was valid from 25.4.2014 to 24.4.2015. Unfortunately, the vehicle of the complainant met with an accident on 7.6.2014 and was badly damaged. Complainant informed the OP for the above said accident and OP appointed its surveyor M.L.Mehta and Company. On 17.6.2014, he inspected the vehicle and submitted his report on 11.8.2014. On the instruction of the OP, the complainant got repaired his said vehicle from Cargo Motors Pvt Ltd., Jalandhar and accordingly the said vehicle was duly repaired and the said company charged Rs.3,18,041/- vide their letter dated 20.12.2014. Complainant lodged the claim with the OP and submitted all the relevant documents with the OP but the OP vide letter dated 30.1.2015 repudiated the claim of the complainant on the ground that the driving licence of the complainant had expired at the time of accident. Complainant submitted that the driving licence for non transport vehicle was duly renewed upto 2.8.2015 but the OP has wrongly pointed out that the licence was valid till 2.8.2013, whereas the said validity was for transport vehicles and not for non transport vehicles. The car of the complainant is non transport vehicle and the same is covered under LMV vehicle. On such averments, the complainant has prayed for directing the OP to settle the claim of the complainant and to pay the amount of Rs.3,18,041/- alongwith interest @ 12% per annum from the date of lodging of the complaint. He has also claimed compensation and litigation expenses.
2. Upon notice, OP appeared through counsel and filed written reply pleading that the claim of the complainant was repudiated by the OP vide letter dated 30.1.2015 because the driver of the vehicle, at the time of alleged accident, was not having valid and effective driving licence. Complainant has produced his driving licence bearing No.PB09-6540/NDL/05-06 renewed on 3.8.2010 vide No.PB09-2336/RDL/10-11 issued by Licencing Authority/DTO Kapurthala which was valid upto 2.8.2013 in respect of LMV i.e. vehicle allegedly driven by the complainant at the time of said accident, as certified by DTO Kapurthala. As per terms and conditions of the policy, since the driver at the time of alleged accident was not having valid and effective driving licence, the claim of the complainant was repudiated by the OP. OP has submitted that OP has rightly repudiated the claim of the complainant as per terms and conditions of the policy.
3. In support of his complaint, learned counsel for the complainant has tendered into evidence affidavits Ex.CA & Ex.CB alongwith copies of documents Ex.C1 to Ex.C22 and closed his evidence.
4. On the other hand, learned counsel for opposite party has tendered affidavits Ex.OP/A to Ex.OP/D alongwith copies of documents Ex.OP/1 to Ex.OP/9 and closed evidence.
5. We have heard the Ld. counsel for the parties, minutely gone through the record and have appreciated the evidence produced on record by both the parties with the valuable assistance of Ld. counsels for the parties.
6. From the record i.e. pleadings of the parties and the evidence produced on record by both the parties, it is clear that complainant is owner of car Fiat/Grande Punto bearing registration No.PB09P-3144 and he got the same insured with OP vide policy No.36100231140100000263 Ex.C2 for the period from 25.4.2014 to 24.4.2015. The said vehicle of the complainant met with an accident on 7.6.2014 and was badly damaged. Complainant informed the OP for the above said accident and OP appointed its surveyor M.L.Mehta and Company who inspected the vehicle on 17.6.2014 submitted his report dated 11.8.2014 Ex.C8. Complainant lodged claim with the OP and submitted all the relevant documents with the OP but the OP vide letter dated 30.1.2015 repudiated the claim of the complainant on the ground that the driving licence of the complainant had expired at the time of said accident. Complainant submitted that the driving licence for non transport vehicle was valid upto 2.8.2015 but the OP has wrongly pointed out that the licence was valid till 2.8.2013, whereas the said validity was for transport vehicles and not for non transport vehicles. The car of the complainant is non transport vehicle and the same is covered under LMV vehicle. Learned counsel for the complainant submitted that OP has wrongly repudiated the claim of the complainant and all this amounts to deficiency of service on the part of the OP qua the complainant.
7. Whereas the case of the OP is that the claim of the complainant was repudiated by the OP vide letter dated 30.1.2015 Ex.C7 because the driver of the vehicle i.e. complainant, at the time of alleged accident, was not having valid and effective driving licence. Complainant has produced his driving licence bearing No.PB09-6540/NDL/05-06 renewed on 3.8.2010 vide No.PB09-2336/RDL/10-11 issued by Licencing Authority/DTO Kapurthala which was valid upto 2.8.2013 in respect of LMV i.e. vehicle allegedly being driven by the complainant at the time of said accident, as certified by DTO Kapurthala vide report Ex.OP/6. As per terms and conditions of the policy, since the driver at the time of accident was not having valid and effective driving licence, the claim of the complainant was repudiated by the OP. A clarification was also sought from the complainant in this regard vide letter dated 30.1.2015 Ex.C7/Ex.OP/8 but the complainant did not submit any clarification. As such claim of the complainant was repudiated and was conveyed to the complainant vide letter dated 2.3.2015 Ex.OP/9. Learned counsel for the OP submitted that OP has rightly repudiated the claim of the complainant as per terms and conditions of the policy. Therefore, there is no deficiency in service on the part of the OP qua the complainant.
8. From the entire above discussion, we have come to the conclusion that complainant got his vehicle i.e. Fiat Grande Punto Car bearing registration No.PB09P-3144 insured with the OP vide policy No.36100231140100000263 Ex.C2 for the period from 25.4.2014 to 24.4.2015. The said vehicle met with an accident on 7.6.2014. On receipt of intimation from the complainant, the OP appointed surveyor M.L.Mehta and Company who inspected the vehicle and submitted his report dated 11.8.2014 Ex.OP/2 and final report dated 15.10.2014 Ex.OP/3 assessing the loss to the vehicle to the tune of Rs.2,50,686.90paise. However, the complainant submitted his driving licence Ex.OP5 to the OP. Complainant Narinderpal Singh was himself driving the vehicle in question at the time of said accident on 7.6.2014. The OP got the licence verified from Licencing Authority i.e. DTO Kapurthala who vide his report dated 11.3.2014 Ex.OP6 verified that the aforesaid licence was got renewed on 3.8.2010 vide No.2336 which was valid for motorcycle upto 2.8.2015 and for LMV upto 2.8.2013. The OP, therefore, relying upon this report of the Licencing Authority i.e. DTO, Kapurthala held that the driver of the vehicle i.e. complainant was not holding valid and effective driving licence who was driving the car on the date of accident. So, the OP wrote letter dated 30.1.2015 Ex.OP8 to the complainant to clarify the same within 7 days, failing which his claim shall be treated as “No Claim”. But the complainant did not submit any reply and ultimately the OP repudiated the claim of the complainant vide loetter dated 2.3.2015 Ex.OP/9 on the ground that the driving licence of the complainant which was renewed vide No.PB-09-2336/RDL/10-11 was invalid at the time of accident to drive car Fiat Punto Car i.e. LMV. The complainant submitted that the licence was renewed by Licencing Authority i.e. DTO, Kapurthala on 3.8.2010 which was valid upto 2.8.2015 for motorcycle and LMV. However, it was valid for LMV transport vehicle upto 2.8.2013. So, keeping in view this controversy, the concerned clerk of the office of DTO, Kapurthala was summoned alongwith record. Resultantly, Sh.Surinder Mohan, Junior Assistant, office of DTO, Kapurthala appeared and stated that as per record of the office of DTO, Kapurthala which he had brought (the summoned record) in respect of the driving licence No.PB09NDL/05-06 (original number) new No.PB0920060085556 dated 27.3.2006 which was valid upto 17.2.2010 for motorcycle and LMV valid upto 26.3.2009. The said licence was renewed on 3.8.2010 which was valid for motorcycle upto 2.8.2015 and LMV for 3.8.2010 to 2.8.2013. Thereafter, this licence was renewed on 3.8.2015 for motorcycle upto 2.8.20 and for LMV upto 15.1.2018. This witness has also seen the report Ex.OP/6 which was signed by him and stated that the said report is correct as per original record maintained by office of DTO, Kapurthala. Resultantly, on 17.6.2014 Narinderpal Singh complainant was not having valid driving licence to drive LMV. Since his LMV driving licence has expired on 2.8.2013 which was renewed on 16.1.2015 upto 15.1.2018 for LMV. He also produced computerized record of this licence Ex.CX. This witness was not cross-examined by the complainant or his counsel. So, as per this record of the Licencing Authority i.e. DTO, Kapurthala and the statement of Surinder Mohan, Junior Assistant dated 28.7.2016 and his report Ex.OP6, this driving licence of complainant Narinderpal Singh bearing No.PB-09NDL/05-06 new No.PB-0920060085556 dated 27.3.2006 which was valid for motorcycle upto 17.2.2010 and LMV upto 26.3.2009. The said driving licence was renewed on 3.8.2010 and was valid for motorcycle upto 2.8.2015 and for LMV upto 2.8.2013. Thereafter, this licence was renewed on 3.8.2015 for motorcycle upto 2.8.2010 and for LMV upto 15.1.2018. Thereafter, on the date of accident i.e. 17.6.2014 Narinderpal Singh complainant was not having valid driving licence to drive a car i.e. LMV. It has been held by Hon'ble Supreme Court of India in case New India Assurance Co.Ltd Vs. Suresh Chandra Aggarwal 2015 (3) CPR 470 (SC) that where driver did not have an effective and valid driving licence on the date of accident, claimant not only committed breach of terms of policy, he also violated provision of section 15 of Motor Vehicle Act. The same view has been taken by Hon'ble National Commission in case National Insurance Company Limited Vs. Sushil Jain 2015(2) CPR 263 (NC). So keeping in view all these circumstance and facts of this case, this Forum is of the opinion that OP has rightly repudiated the claim of the complainant vide letter dated 2.3.2015 Ex.OP/9. Therefore, there is no merit in this complaint and as such the same is hereby dismissed with no order as to cost. Copies of the order be sent to the parties free of cost under rules. File be consigned to the record room.
Dated Parminder Sharma Bhupinder Singh
08.08.2016 Member President
