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HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
P.S. Rana ®, President, Mr. Vijay Pal Khachi, Member, Ms. Meena Verma, Member.
Mr. Ajay Kumar - Appellant
Versus
New India Assurance Company Ltd. - Respondent
First Appeal No. 295 of 2016
Decided On : 12-06-2017
Consumer Protection Act - Insurance Claim - Motor Vehicles Act 1988 - Section 2(21), Section 2(16), Section 2(23) - The court held that the vehicle involved in the accident was a Light Motor Vehicle and the driver holding a LMV licence was legally competent to drive it. The insurance company was found to have committed deficiency in service by repudiating the claim of the complainant. The court partly allowed the appeal, ordering the opposite party to pay for the damage of the vehicle and mental agony suffered by the complainant.
Fact of the Case:
The complainant filed a consumer complaint against the insurance company for repudiating his claim after his vehicle was involved in an accident. The insurance company alleged that the driver was not holding a valid driving licence at the time of the accident.
Finding of the Court:
The court found that the vehicle involved in the accident was a Light Motor Vehicle and the driver had a valid LMV licence, making him legally competent to drive it. The insurance company was found to have committed deficiency in service by repudiating the claim of the complainant.
Issues: Validity of the appeal filed by the appellant, determination of the final order.
Ratio Decidendi: The court held that the insurance company committed deficiency in service by repudiating the claim of the complainant based on the alleged invalidity of the driver's licence. The court also found that the vehicle involved in the accident was a Light Motor Vehicle and the driver had a valid LMV licence, making him legally competent to drive it.
Final Decision: The court partly allowed the appeal, ordering the opposite party to pay for the damage of the vehicle and mental agony suffered by the complainant. Other reliefs sought by the complainant were declined.
ORDER
P.S. Rana (R), President. - Present appeal is filed under section 15 of Consumer Protection Act 1986 against order dated 26.07.2016 passed by Learned District Forum in consumer complaint No. 75/2015 title Ajay Kumar v. The Manager New India Assurance Company Ltd. & Anr.
Brief facts of Case:
2. Ajay Kumar complainant filed consumer complaint under section 12 of Consumer Protection Act 1986 pleaded therein that complainant purchased vehicle No.HP-68-2186 under loan case and hypothecated the vehicle with Kangra Central Cooperative Bank Ltd. Rait District Kangra H.P. It is pleaded that vehicle was insured with opposite party in consideration amount of Rs. 750000/-(Seven lac fifty thousand) w.e.f. 14.11.2010 to 13.11.2011. It is pleaded that complainant vide agreement handed over the vehicle for driving to Devinder Singh for a period of 6 months. It is further pleaded that complainant engaged the driver Devinder Singh after obtaining his driving test and also checked his driving licence No. 39882/PK/Prof/09 dated 16.11.2009. It is pleaded that that after satisfying about the authenticity of driving licence complainant employed Devinder Singh as driver. It is pleaded that on 15.06.2011 when the truck was plied from Dhami to Basantpur it rolled into rivulet. It is pleaded that FIR No. 117 dated 15.06.2011 was registered in police station Dhalli District Shimla. It is further pleaded that driver namely Devinder Singh was injured and he was brought to hospital. It is pleaded that vehicle was totally damaged. It is further pleaded that complainant informed the opposite party about the accident and opposite party deputed surveyor. It is pleaded that surveyor assessed the loss to the tune of Rs. 1086663/- (Ten lac eighty six thousand six hundred sixty three). It is pleaded that earlier complaint No. 03 of 2014 was filed by the complainant and liberty was granted to the complainant to file complaint subsequently on same cause of action after claim reconsidered/decided by opposite party. It is pleaded that opposite party repudiated the claim of the complainant and committed deficiency in service. Complainant sought relief to the tune of Rupees Eleven lac for estimated assessed damaged sustained by complainant. Complainant also sought additional relief of Rs. 20000/-(Twenty thousand) for lifting the damaged vehicle from rivulet by crane and complainant also sought additional relief of Rs. 20000/-(Twenty thousand) for mental agony. Complainant also sought relief of litigation costs to the tune of Rs. 20000/-(Twenty thousand).
3. Per contra version filed on behalf of opposite party pleaded therein that complainant committed breach of terms and conditions in the insurance policy. It is pleaded that at the time of accident driver was not holding valid driving licence. It is pleaded that surveyor was appointed and surveyor has assessed the loss to the tune of Rs. 347518/- (Three lac forty seven thousand five hundred eighteen). It is pleaded that complainant has no cause of action and locus standi to file the present complaint and it is pleaded that complainant is estopped by his act and conduct to file the present complaint. Prayer for dismissal of complaint sought.
4. Complainant also filed rejoinder and reasserted the allegation mentioned in the complaint. Learned District Forum dismissed the complaint. Feeling aggrieved against the order passed by learned District Forum complainant filed present appeal before State Commission. None appeared on behalf of respondents at the time of arguments. State Commission decided to dispose of appeal on merits. We have heard learned advocate appearing on behalf of appellant and also perused entire record carefully.
5. Following points arises for determination in present appeal.
1. Whether appeal filed by appellant is liable to be accepted as mentioned in memorandum of grounds of appeal.
2. Final order.
Findings upon point No. 1 with reasons:
6. Complainant filed affidavit Ext.CW1 in evidence. There is
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