This case has arisen out of a complaint U/s 12 of Consumer Protection Act, 1986.
The fact of the case is that the complainant purchased a Maruti Suzuki-Swift VDI vehicle being Registration No:-74Q/1702 Chassis No:-MA3FKEB1S00481224, Engine No:-D13A1304320 and purchased insurance policy from the O.P vide No:-0314033115P113378046.
That on 02.10.2016 when the complainant along with her family members was coming from Gangarampur towards her residence all on a sudden at Haldibari, Dhankol, Uttar Dinajpur on Buniadpur-Kaliyagnj State Highway the vehicle met on an road accident and the vehicle had badly damaged. Her elder brother-in-law was driving the vehicle at the time of accident. He is an expert driver having valid DL being No:WB5919950002687 issued by the RTO, LA, Uttar Dinajpur.
That immediate after the accident the complainant informed the matter to O.P/Insurance Company by submitting a written complaint and the Insurance Company investigated by their panel investigator.
That thereafter, she took the vehicle to the Authorized Service Centre, JRD Motors who issued estimate for Rs.121263/- and said Service Centre repaired the vehicle by receiving final bill amount from the complainant.
That the complainant submitted claim to the O.P who told her to submit all necessary document for settlement of the claim and she submitted documents along with Claim Form to the office of the O.P but the O.P issued a letter dated 19.03.2018 stating that “ we are repudiating your claim file on account of the following reason:-
As per investigation by our investigator, it is revealed that the old DL bearing No:-WB59/1148 or new license bearing No:-WB5919950002687 on account of Mr. Uttam Kr Saha was not valid at the time of accident which means he is not entitled to drive the vehicle on the date of accident and which is a breach of a policy conditions-material to loss.
Thereby, we absolve ourselves from any further liabilities, arising out of this claim which please note.”
Due to negligent act of the O.P she suffered mental pain and agony & lodged this complaint with prayer for direction upon the O.P to pay sum assured amount Rs.121263.75 with interest from the date of loss, compensation of Rs.90,000/- for harassment, mental pain and agony and litigation cost of Rs.10000/-.
O.P/Insurance Company contested the case by filing W.V stating that at the time of accident dated 02.10.2016 driving license of driver of complainant’s vehicle was not valid, so O.P is not liable to pay compensation which is a breach of a policy condition material to loss & O.P repudiated complainant’s claim on 13.03.2018. O.P prays for dismissal of the case.
P o i n t s f o r d e c i s i o n
- Whether there was any negligent act on the part of O.P which gives rise cause of action of this complaint?
- Is the complainant entitled to get relief(s) as prayed for?
D e c i s i o n s w i t h r e a s o n
It is not disputed that the complainant purchased a Maruti Suzuki-Swift VDI vehicle being Registration No:-74Q/1702 Chassis No:-MA3FKEB1S00481224, Engine No:-D13A1304320 and purchased insurance policy from the O.P vide No:-0314033115P113378046.
It is not denied that on 02.10.2016 when the complainant along with her family members was coming from Gangarampur towards her residence all on a sudden at Haldibari, Dhankol, Uttar Dinajpur on Buniadpur-Kaliyagnj State Highway the vehicle met on an road accident and the vehicle had badly damaged. Her elder Brother-in-law/Uttam Kumar Saha was driving the vehicle at the time of accident.
It is also not disputed that immediate after the accident the complainant informed the matter to O.P/Insurance Company and the Insurance Company investigated it by their panel investigator.
The complainant’s case is that Uttam Kumar Saha is an expert driver and he is driving since 1995 to till renewed upto in the year 2022 by obtaining a valid DL being No:WB5919950002687 issued by the RTO, LA, Uttar Dinajpur.
The defence case is that at the time of accident DL of said driver/Uttam Kumar Saha was not valid.
It is not disputed that the complainant submitted documents along with Claim Form to the office of the O.P but the O.P issued a letter dated 19.03.2018 stating that-
We are repudiating your claim file on account of the following reason:-
As per investigation by our investigator, it is revealed that the old DL bearing No:-WB59/1148 or new license bearing No:-WB5919950002687 on A/c of Mr. Uttam Kumar Saha was not valid at the time of accident which means he is not entitled to drive the vehicle on the date of accident and which is a breach of Policy Conditions-Material to Loss.
Thereby, we absolve ourselves from any further liabilities, arising out of this claim:-which please note.
The crux of the case is whether or not Uttam Kumar Saha was holding valid and effective DL on the date of accident.
The complainant filed xerox copy of Form-7 Rule-16(2) of Uttam Kumar Saha bearing DL No:-WB59 1995 0002687-LMV-10.02.1995, LMV TR-10.02.1995 enrollment date 15.06.2022, enrollment No:-WB59/DLV/00000123/2022 and on reverse page xerox copy of DL No:-WB59 1995 0002687, date of issue 10.02.1995, validity (NT) 14.06.2027, (T)14.06.2027.
O.P/Insurance Company also filed xerox copy of the same. At the same time O.P files EXTRACT OF THE DRIVING LICENSE dated 06.09.2017 issued by Licensing Authority (LA), Uttar Dinajpur which depicts as follows:-
Old Driving License No:-WB59/1148
Driving License No:-WB59/19950002687
Date of issue :-10.02.1995
Validity (Non Transport):-13.06.2022
Validity (Transport) :-13.06.2020
Class of vehicle held & :-LIGHT MOTOR VEHICLE NON
TRANSPORT w.e.f 10.02.1995
Endorsement details : LIGHT MOTOR VEHICLE
TRANSPORT w.e.f 10.02.1995
Other details No:-1,2,3 are described therein-not (not described here).
N.B The license was issued throughout the period except:
No.1-From date 03.09.2016 to 13.06.2017 For NT COV
No.2-From date 03.09.2016 to 13.06.2017 For TR COV
Current status
No.2- Last Transaction date:-12.07.2017:ISSUE OF DUPLICATE DL
Therefore, it is apparent from the extract of the DL dated 06.09.2017 issued by competent authority that on the date of accident dated 02.10.2016 the driving license bearing No:-WB5919950002687 on account of Mr. Uttam Kumar Saha was not valid.
Under above facts and discussion, we are of the opinion that the ground of repudiation dated 19.03.2018 that Mr. Uttam Kumar Saha was not entitled to drive the vehicle on the date of accident & which is breach of Policy Conditions-Material to Loss, is correct and not amounts to negligent act on the part of the O.P/Insurance Company, consequently the complainant is not entitled to get relief(s) as prayed for, be she got her vehicle repaired spending Rs.121263 & odd.
In the result the claim fails. Hence, it is,
O R D E R E D
that the C.C No-08/2020 be and the same is dismissed on contest against O.Ps but without any cost.
Let a copy of this order be given to the parties free of cost.
