Rajasthan

StateCommission

A/255/2021

Jaakir S/o Mujffar Khan - Complainant(s)

Versus

The Oriental Insurance Company Ltd. - Opp.Party(s)

Sayad Aasif Husain

20 May 2022

ORDER

BEFORE THE RAJASTHAN STATE CONSUMER DISPUTES REDRESSAL COMMISSION,JAIPUR

 

FIRST APPEAL NO: 255/2021

 

Jakir s/o Mujaffar r/o 821, Aamagarh, Shakti Colony, Delhi bypass, Jaipur.

Vs.

The Oriental Insurance Co. Ltd. Through Maager, Head Office A-25/27, Asaf Ali Road, New Delhi & ors.

 

Date of Order 20.5.2022

Before:

Hon'ble Mr. Atul Kumar Chatterjee- Acting President

Hon'ble Mr. Shailendra Bhatt- Member

Present:

Mr. Sayad Aasim Hussain learned counsel for the appellant

Mr. Virendra Saraswat learned counsel for the respondent

 

BY THE STATE COMMISSION ( PER HON'BLE MR.ATUL KUMAR CHATTERJEE, ACTING PRESIDENT )

 

 

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This appeal has been filed by the appellant/ complainant against the judgment of learned District Consumer Commission, Jaipur 4^th Jaipur dated 15.2.2021 which was passed in Complaint Case No. 149/2019.

 

Briefly stating the controversy involved in this matter is that appellant/complainant had a driving licence of motor cycle with gear whereas the insured motor cycle was registered as a commercial vehicle and the Transport Department had issued a permit of all Rajasthan too. Therefore, the respondent insurance company did not allow the claim of appellant/complainant regarding the reimbursement of repairing charges of the motor cycle which got damaged in accident. The respondent insurance company did so despite the assessment of loss of Rs. 21,041/- less Rs. 541/- in lieu of salvage by the surveyor appointed by the insurance company.

 

The learned District Commission Jaipur 4^th Jaipur accepted the contentions of the respondent insurance company and has dismissed the complaint of appellant/complainant.

 

During the course of arguments learned counsel for the

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appellant /complainant referred to the judgment of Hon'ble apex court in Mukund Devagan Vs. Oriental Insurance Company and ors. passed in Civil Appeal No. 5826 of 2011 decided on 3.7.2017. He also refers to a circular No. RT-11021/44/2017- MVL issued by the Government of India, Ministry of Road Transport and Highways dated 16.4.2018 by the Joint Secretary (Transport). This circular has been addressed to the Principal Secretaries (Transport)/ Secretaries (Transport)/ Transport Commissioners of all States/ Union Territory Administrations and to DGPs of all States/ Union Territory Administrations. In this circular the ratio given by the Hon'ble larger bench of apex court has been summarized in para no.3 as under:

“3. ln view of the legal position as settled by the Hon'ble supreme court in the above judgment, the requirement under the Motor Vehicles Act, 1988 to obtain the transport licence would arise in case of medium/ heavy goods and passenger vehicles only. No other vehicle will require any separate endorsement, even if they are used for commercial purposes. The exemption from the requirement to obtain the endorsement for commercial vehicles

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would apply to following vehicles:

(i) Motor cycle without gear

(ii)Motor cycle with gear

(iii)Light motor vehicle (goods/passenger)

(iv)e-rickshaw/e-cart.”

 

The learned counsel for the respondent insurance company has contended that the finding of the learned DCC is correct and does not require any interference. He has referred the judgment of Hon'ble apex court in Laxmi Engineering Works Vs. PSG Industrial Institute decided on 4.4.1995, judgment of this Commission in First Appel No. 1052/2016 (ICICI Bank Ltd. Vs. Shagun Sarees) decided on 5.9.2017, judgment of Punjab State Commission in First Appeal No. 1018 of 2007 ( M/s. Hindustan Motors Ltd. Vs. National Insurance Co. ) decided on 22.2.2012, judgment of Hon'ble NCDRC in Revision Petition No. 166/ 2007 ( United India Insurance Co. Vs. Jitendra Surya ) decided on19.1.2011, judgment of Himachal Pradesh State Commission in First Appeal No. 403/2013 (Vinod Negi Vs. Oriental Insurance Co. Ltd. ) decided on 15.5.2014 and judgment of Andhra Pradesh State Commission in First Appeal No. 935/2008 (P.Konda

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Reddy Vs. United India Insurance Co. Ltd. ) decided on 30.9.2010.

 

Having pondered upon the rival contentions and going through the judgments, we are of the view that after the verdict of Hon'ble apex court in Mukund Devagan Vs. Oriental Insurance Co. & ors.(supra) and also on the basis of the circular of Government of India, Ministry of Road Transport and Highways, it is clear that if a person possess driving licence of (i) motor cycle without gear (ii) motor cycle with gear (iii) light motor vehicle (goods/passenger) and (iv) e-rickshaw/e-cart, no separate endorsement whatsoever is required to be put on the driving licence. Since in the matter in hand admittedly the appellant complainant possessed driving licence for motor cycle with gear and the insured vehicle was also a motor cycle but was registered for commercial purpose and a permit was also issued for all Rajasthan, in our humble view having regard to the above legal position no endorsement was required to be made on driving licence of appellant/complainant. As such we find that the finding of learned DCC Jaipur 4^th Jaipur is erroneous and is thus unsustainable.

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Based on the above discussions the appeal of appellant/complainant deserves to be allowed and the impugned judgment dated 15.2.2021 deserves to be set aside.

 

So far as relief is concerned, though in this matter surveyor of the insurance company had assessed the loss as Rs. 21,041/- less Rs. 541/- but the appellant/complainant in his complaint has demanded Rs. 20,000/- as repairing charges therefore, it is hereby ordered that respondent insurance company shall be liable to pay Rs. 20,000/- in lieu of repairing charges of the insured vehicle with interest @ 9% p.a. w.e.f. date of filing of complaint till realization.

 

So far as compensation for physical and mental agony is concerned, we deem it proper to grant Rs. 15,000/- on this account and Rs. 5000/- as proceeding charges.

 

The appeal is hereby disposed of as above.

 

(Shailendra Bhatt) (A.K.Chatterjee)

Member Acting President

 

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