BEFORE THE DISTRICT FORUM: KURNOOL
Present: Sri. T.Sundara Ramaiah, B.Com B.L., President
And
Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member
And
Smt. S.Nazeerunnisa, B.A., B.L., Lady Member
Tuesday the 20th day of March, 2012
C.C.No.32/2011
Between:
V.M.Anwar, S/o. S.Imam Saheb,
R/o. Plot No.134,Ganesh Nagar, Kurnool City-518 003.
…Complainant
-Vs-
The New India Assurance Company Limited, Represented by its Deputy Manager
N.G.Ragendra Prasad, Divisional Office, 611500, H.No.40-526, HDCT Complex, 1st floor, Railway Station Road, Kurnool-518 004.
....Opposite party
This complaint is coming on this day for orders in the presence of Sri Md.Akram, Advocate for complainant and Smt. V.Nagalakshmi Devi, Advocate for opposite party and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. T.Sundara Ramaiah, President)
C.C. No. 32/2011
1. This complaint is filed under section 11 and 12 of C. P. Act, 1986 Praying:-
To direct the opposite party to pay Rs.68,355/- towards the loss sustained due to accident to the vehicle with interest at the rate of 24% per annum from the date of accident i.e., 18-05-2010 till the date of realization;
To grant a sum of Rs.2,00,000/- towards the damages for causing mental agony to the complainant by the opposite party by not settling the claim of accident in time;
To grant costs of the complaint;
To grant such other relief or reliefs as the Honourable Forum deems fit and proper in the circumstances of the case.
2. The case of the complainant in brief is as under:- The complainant is the owner of the Indica Car bearing No. AP 21 TV 0403 which is registered as a transport vehicle. The complainant insured the said vehicle with opposite party under the policy bearing No.611500/31/09/01/00001983. The policy was in force from 25-06-2009 to 24-06-2010. P.Ishaq who is having valid driving license was appointed by the complainant as the driver of the vehicle. On 18-05-2010 when the vehicle was returning from Markapur it met with an accident near Hasnabad Cross Road. The vehicle was badly damaged in the said accident. After the accident the complainant took the vehicle to the work shop and got it repaired by spending Rs.68,355/-. The complainant submitted the claim to the opposite party. The opposite party finally repudiated the claim of the complainant on 20-09-2010 on flimsy grounds. Hence the complaint.
3. Opposite party filed written version stating that the complaint is not maintainable. The complainant is the owner of the vehicle bearing No.AP 21 TV 0403 and it was insured with opposite party. The period of the policy is from 25-06-2009 to 24-06-2010. The vehicle of the complainant met with a road accident on 18-05-2010. After receiving the intimation about the accident, a surveyor was appointed. He assessed the net loss of Rs.24,500/-. The complainant violated the terms and conditions of the policy. The driver of the vehicle was not holding effecting driving license to drive the vehicle involved the accident. The driver was authorized to drive LMV Non Transport vehicle only. The charge sheet was also filed against the driver under section 3 of M.V. Act for not holding valid driving license. The opposite party rightly repudiated the claim of the complainant. There is no deficiency of service on the part of the opposite party. The complaint is liable to be dismissed.
4. On behalf of the complainant Ex.A1 to Ex.A11 are marked and sworn affidavit of the complainant is filed. On behalf of the opposite party Ex.B1 to Ex.B7 are marked and sworn affidavit of the opposite party is filed.
5. Both sides filed written arguments.
6. Now the points that arise for consideration are:
Whether there is deficiency of service on the part of Opposite Party?
Whether the complainant is entitled for the reliefs as prayed for?
To what relief?
7. POINTS i and ii:- Admittedly the complainant is the owner of the TATA Indica Car bearing No.AP 21 TV 0403 which is used as a motor cab. Ex.A1 is the certificate of registration of the said vehicle. Admittedly the said vehicle was insured with opposite party. Ex.A4 is the copy of the policy. The policy was in force from 25-06-2009 to 24-06-2010. It is also admitted that the said vehicle of the complainant met with an accident on 18-05-2010 and it was damaged. The opposite party filed Ex.B7 copy of the charge sheet in CC No.232/2010 on the file of Judicial First Class Magistrate, Markapur. It is also admitted that on information about the accident given by the complainant the opposite party appointed a surveyor and that the surveyor submitted the report Ex.B5 is the report of the surveyor.
8. The complainant who is the owner of the crime vehicle filed the present complaint claiming an amount of Rs.68,355/- towards the loss sustained by him. The claim of the complainant was repudiated by the opposite party through Ex.A5 letter dated 20-09-2010 on the ground that the driver of the vehicle was not having effecting driving license at the time of the accident. Admittedly the vehicle of the complainant which met with an accident is a transport vehicle. In the affidavit evidence filed on behalf of he opposite party it is clearly mentioned that the driver was holding LMV Non Transport driving license at the time of the accident and that the opposite party is not liable to pay any amount to the complainant. The complainant filed Ex.A2 (Ex.B3) copy of the driving licence of the driver by name P.Essack who was driving at the time of accident. As seen from Ex.A2 = Ex.B3 it is very clear that the driver was having LMV Non Transport driving licence by the date of the accident i.e., 18-05-2010. The said licence was valid from 11-07-2003 to 10-07-2023. It is not the case of the complainant that the driver was authorized by the transport authority to drive transport vehicle. It is submitted by the learned counsel appearing for the opposite party that the vehicle met with an accident is a transport vehicle, that the complainant who is a owner of the said vehicle entrusted it to the driver who was having only LMV Non Transport driving licence and that the insurance company is not liable to pay any amount to the complainant. In support of his contention he relied on a decision reported in 2008-MADLJ-1-869 (NEW INDIA ASSURANCE COMPANY LIMITED VS. PRABHULAL). In the said decision the Apex Court observed that the driver holding licence for light motor vehicle is not competent to drive LMV transport vehicle without being any endorsement. In another decision reported in 2011 CTJ 195 (CP) (SCDRC) it is held that the driver holding licence to ply LMV is not entitled to ply transport vehicle or commercial vehicle in the absence of endorsement.
9. The learned counsel appearing for the complainant argued that the driver holding LMV Non Transport driving licence is also competent for driving LMV Transport vehicle. In support of his contention he relied on the following decisions:-
1. 2009 ACJ Page 581 Supreme Court,
2. 2008 AWC Page 897 Supreme Court,
3. 2011 (1) ALD Page 48 High Court of Andhra Pradesh,
4. 2011 ACJ Page 481 High Court of Jarkhand,
5. 2011 ACJ Page 209 High Court of Jammu and Kashmir,
6. 2011 ACJ Page 1335 High Court of Mumbai,
7. 2011 ACJ Page 1461 High Court of Madhya Pradesh,
8. 2011 ACJ Page 1592 High Court of Orissa,
9. 2010 ACJ Page 2824 High Court of Jammu and Kashmir
10. 2010 ACJ Page 1520 High Court of Jharkhand,
11. 2010 ACJ Page 1398 High Court of Himachal Pradesh,
12. 2010 ACJ Page 725 High Court of Himachal Pradesh,
13. 2010 ACJ Page 1394 High Court of Patna.
10. In the light of the decision of the Apex Court cited by the complainant which is mentioned above we have no hesitation to hold that the driver must have LMV Transport driving licence for driving LMV Transport vehicle. In the present case admittedly the vehicle of the complainant which met with an accident is a transport vehicle. The driver was holding LMV Non Transport driving licence at the time of the accident. The complainant who is the owner of the vehicle, entrusted it to the driver who got LMV Non Transport driving licence. There is no endorsement on the LMV Non Transport driving licence of the driver that he is also entitled to drive LMV Transport vehicle. The opposite party rightly repudiated the claim of the complainant holding that the driver was not having effective driving licence to drive the transport vehicle of the complainant on the date of the accident. There is no deficiency of service on the part of the opposite party and the opposite party is justified in repudiating the claim of the complainant. The complainant is therefore is not entitled for any amount from the opposite party.
11. In the result, the complaint is dismissed with out costs.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 20th day of March, 2012.
Sd/- Sd/- Sd/-
MALE MEMBER PRESIDENT LADY MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite party : Nill
List of exhibits marked for the complainant:-
Ex.A1 Photo copy of Certificate of Registration Vehicle
bearing No.AP21TV0403 dated 25-07-2008.
Ex.A2. Photo copy of Driving Licence issued by RTA, Kurnool.
Ex.A3 Photo copy of Permit issued by Secretary, RTA,
Kurnool dated 01-08-2008.
Ex.A4 Photo copy of Policy No.61150031090100001983.
Ex.A5 Repudiation Letter dated 20-09-2010.
Ex.A6 Photo copy of Letter of complainant to opposite party
dated 25-06-2010.
Ex.A7 Photo copy of estimation of M.S.Auto Garraige,
Kurnool to opposite party dated 07-06-2010.
Ex.A8 Photo copy of Cash bill for Rs.13,500/- issued by
M.S.Auto Garraige Kurnool dated 24-06-2010.
Ex.A9 Photo copy of Cash Bill for Rs.6,000/- issued by City
Painters, Kurnool dated 24-06-2010.
Ex.A10 Photo copy of Tax Invoice / Cash Bills (No.2) for
Rs.41,635/- dated 24-06-2010.
Ex.A11 Photo copy of Tax Invoice / Cash Bill for Rs.7,220/-
dated 24-06-2010.
List of exhibits marked for the opposite party:-
Ex.B1 Photo copy of Form – 24 B- Register of Motor
Vehicle No.AP21 TV o403, dated 25-07-2008.
Ex.B2 Motor Claim Form.
Ex.B3 Photo copy of Driving Licence issued by Licenceing
Authority, Kurnool dated 11-07-2003.
Ex.B4 Photo copy of Form – 23 Certificate of Registration
Vehicle No.AP21 TV0403, dated 25-07-2008.
Ex.B5 Survey Report of Sri P.Narendra Kishore,
dated 15-07-2010.
Ex.B6 Policy No.61150031090100001983.
Ex.B7 Photo copy of Charge Sheet in CC.232/2010 filed by
Sub Inspector of Police, Dornala P.S. dated 14-06-2010.
Sd/- Sd/- Sd/-
MALE MEMBER PRESIDENT LADY MEMBER
// Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties :
Copy was made ready on :
Copy was dispatched on :
