Present: 1. Smt. Padmini Sudheesh, President.
2. Smt. Sheena.V.V, Member.
3. Sri.M.P.Chandrakumar, Member
10th day of July 2014
C.C.436/10 filed on 14-7-2010
Complainant: Sanal Kumar, Kuttookkara (H), P.O. Madakkathara, Thrissur
(By Adv. E.B. Shaji, Thrissur)
Respondent: The Oriental Insurance Company Ltd, Divisional Office Jyothi Super Bazar, Thodupuzha, Idukki
(By Advt. A. Aravindan)
O R D E R
By Sheena.V.V, Member.
The case of the complainant is that the complainant is the registered owner of KL-08-AN-4357 number goods carriage Pick-up van. He had insured the vehicle with the respondent vide policy no. 442600/31/2009/13549 during the period 15-1-09 to 14-1-10. The vehicle met with an accident on 30-8-09 while it was running through Thrissur-Kunnamkulam road. In this accident the vehicle was totally damaged and police registered a case against the driver. The complainant approached the respondent to get the amount as per the policy and he submitted claim application. The respondent company repudiated the claim stating untenable reasons that the driver has no valid driving license and badge. The complainant is entitled to get the amount as per policy. Hence the complaint.
2. The counter averments are that this respondent admits that the vehicle KL-08-4357 Mahindra make LMV Goods vehicle had been insured with this respondent in the name of complainant subject to the terms and conditions of the policy. This respondent had repudiated the claim, because the person driving the vehicle at the time of accident, Mr. K.R. Ramjith, did not possess a valid driving license. The respondent had approached a surveyor who was driving the vehicle at the time of accident did not possess a valid driving license to drive LMV Transport vehicle as on the date of accident. So, the respondent sought a clarification from the Assistant Licensing Authority, Thrissur. Under this circumstance, the Own Damage Claim preferred by the complainant is violated by the track of driver’s Clause contained in the policy. So there is no deficiency in service on the part of respondent. Hence dismiss.
- Points for consideration are that:-
- Whether there was any deficiency in service on the part of respondent?
- If so reliefs and costs.
4. Evidence consists of oral testimonies of PW1 and RW1, Exhibits P1 to P8 and Exhibits R1 to R5 documents.
5. Points: The complaint is filed by the complainant to get the claim amount as per the policy no. 4426/00/31/2009/13549 from the respondent. But the respondent had repudiated the claim stating the reason that the driver who was driving the vehicle at the time of accident did not possess a valid and effective driving license to drive LMV Transport vehicle.
6. Exhibits P1 to P8 documents were marked from the side of complainant are examined as PW1. He deposed that he was verified the driving license and badge of the driver, Mr. K.R. Ramjith. After that the complainant has appointed him. On a perusal of driving license, Exhibit P5, it could be seen that the driver can drive the non-transport vehicles from 20-3-09 to 19-3-2029 and transport vehicle from 20/3/09 to 19-3-2012. The accident was on 30-8-09. The complainant believed that on that day (30-8-09) the driver had valid driving license and badge.
7. Exhibits R1 to R5 documents were marked from the side of the respondent. The Deputy Manager of the respondent company was examined as RW1. When the complainant submitted the claim form, the respondent had appointed a surveyor to survey and assess the loss. Surveyor had assess the loss and also observed that the driver who was driving the vehicle at the time of accident did not possess a valid and effective driving license to drive LMV Transport vehicle. Hence we have discussed the question whether the Driving License held by Mr. K.R. Ramjith is valid and effective for driving.
8. The complainant had filed a copy of the Driving License and marked as Exhibit P5. It shows the validity of the license from 20-3-09. But the respondent sought a clarification from the Assistance Licensing
Authority (ALA), Thrissur. The Motor Vehicle Inspector (MVI) issued Driving License particulars and Assistant Licensing Authority issued annexure, it was marked as Exhibit R2. As per Exhibit R2, the license, Mr. K.R. Ramjith can drive the Light Motor Goods vehicle from 21-3-10. The ALA quoted The Motor Vehicle Rule 1989, set Rule 6, i.e., an authorisation to drive a Transport vehicle shall not be granted to a person unless he had held a license to drive LMV class of vehicle for a period of one year. From Exhibit R2, we could conclude that at the time of accident (on 30-8-09) the driver did not possess any valid driving license. It had explained in the policy schedule driver’s clause also. Policy Schedule is marked as Ext. R1. In Exhibit R1, driver’s clause is read as “any person including insured provided that a person driving holds an effective driving license at the time of the accident as is not disqualified form holding or obtaining such a licence”. Hence, we conclude that without the valid driving license at the time of accident, the complainant could not claim the insurance amount. So, we could not consider any deficiency in service at the part of respondent.
9. In the result, the complaint is dismissed.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 10th day of July 2014. Sd/-
Sheena.V.V, Member.
Sd/-
Padmini Sudheesh, President.
Sd/-
M.P.Chandrakumar, Member
Appendix
Complainant’s Exhibits:
Ext. P1 – Copy of F.I.R.
Ext. P2 – Copy of scene mahazar
Ext. P3 – Copy of Survey Report
Ext. P4 – Copy of Certificate of Registration
Ext. P5 – Copy of Driving License
Ext. P6 – Copy of Insurance Policy in vehicle No. KL-8/AN-4357 Pick up van
Ext. P7 – Copy of Pollution under Control Certificate
Ext. P8 – Notice send by the Insurance Company
Complainant’s Witness:
PW1 – Sanalkuamr A.K.
Respondent’s Exhibits:
Ext. R1 – Motor Insurance Policy No.442600/31/2009/13549
Ext. R2 – Extract of Driving License No.8/2406/2009 and Annexure to the DL
dated 2.2.2011 issued by ALA, Thrissur.
Ext. R3 – Letter No. L1/106/2011/R dated 6.1.11 of R.T.O., Thrissur
Ext. R4 – True copy of letter dated 9.10.2009
Ext. R5 – True copy of Survey Report No. 902/2009 dated 17.9.2009.
Id/-
Member
