Uttar Pradesh

Aligarh

CC/143/2015

MONU KUMAR - Complainant(s)

Versus

THE ORIENTIAL INS. CO. LTD. - Opp.Party(s)

21 Mar 2023

ORDER

न्यायालय जिला उपभोक्ता विवाद प्रतितोष आयोग अलीगढ

Complaint Case No. CC/143/2015 ( Date of Filing : 18 Nov 2015 )   1. MONU KUMAR S/O RESHAM PAL SINGH R/O VILLAGE MADHALO PO MADHOLA TEHSIL GHABHANA ALIGARH ...........Complainant(s) Versus 1. THE ORIENTIAL INS. CO. LTD. SAMAD ROAD ALIGARH BY DM ............Opp.Party(s)

BEFORE:     HON'BLE MR. HASNAIN QURESHI PRESIDENT   HON'BLE MR. ALOK UPADHYAYA MEMBER

PRESENT:

Dated : 21 Mar 2023

Final Order / Judgement The present complaint has been filed by the complainant before this commission for  the following reliefs- The Op be directed to pay the assured sum Rs.50683/ against insured Motorcycle no. UP81 AX 2898 with interest 18% from 23.04.2015 till the payment is made.  The Op be directed to pay Rs.3000/ incurred by the complainant as expenses. The Op be directed to pay Rs.7000/ as litigation expenses.  The Op be directed to pay Rs. 35000/ as mental agony. The Complainant has stated that he insured Honda Shine motor cycle no. UP81 AX 2898 with the OP. Insurance policy was effective from 14.02.2014 to 13.02.2015 and insured value of motor cycle is Rs.50683/. He was going to village Sarura on 28.05.2014 to appear in the examination of bachelor degree. When the complainant reached the patri of the canal, the robbers snatched the motor cycle and flew away. Complainant lodged the FIR at PS Gabhana. He informed the OP insurance company and he presented the claim which was declined by the OP.   Op admitted in WS that the vehicle was insured with the OP and the complainant was driving the motor cycle without driving license. Complainant was not holding valid driving license and committed breach of condition of policy. Consequently company came to conclusion that the claim was not payable. Complainant has filed his affidavit and papers in support of his pleadings. Op has also filed affidavit in support of his pleadings. We have perused the material available on record and heard the parties counsel. The first question of consideration before us is whether the complainant committed breach of policy condition as alleged? If so, its effects. In the present case the motor cycle was forcibly taken out of the possession of the complainant by the robbers and it was not a case of involvement of the motorcycle in any accident where the question of negligence in driving the motorcycle is to be determined and therefore there was no necessity of having driving license by the complainant at the time of occurrence. Thus there is no question of committing breach of policy condition regarding necessity of driving license. Thus the claim made by the complainant was wrongly  repudiated and the complainant is entitled for assured sum Rs. 50683/ The principle of law laid down in the ruling United India Assurance Company  Ltd. V/s  Riyazuddin iv (2015) CPJ 158NC.  The question formulated above is decided in favour of the complainant. We hereby direct to Op to the complainant assured sum Rs.50683/, compensation for mental agony at Rs. 5000/ and Rs.3000/ as litigation expenses. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded as per rule on the website of the commission for the perusal of the parties. File be consigned to record room along with a copy of this judgment.

[HON'BLE MR. HASNAIN QURESHI] PRESIDENT     [HON'BLE MR. ALOK UPADHYAYA] MEMBER