Insurance claims cannot be denied solely due to the absence of a valid driver's license if the accident was not due to the driver's fault.

J U D G M E N T

(Delivered on 31/01/2024)

Per Mr.Nagesh C.Kumbre, Hon’ble Member..

The Appellant has challenge in this Appeal, Judgement and order passed by the District Consumer Commission, Jalna dated 29/03/2022 in C.C.No.233/2021.

For the sake of brevity the Appellant is herein after referred as opponent and respondent no.1 and 2were complainant as per their status in consumer complaint and District Consumer Commission, Jalna is herein after referred as District commission.

2. Brief facts giving rise to this appeal are as under :-

The husband of complainant no.1 and father of complainant no.2,Laxman Vithoba Shejul ( herein after referred as deceased ) was an agriculturist at the time of inception of policy as well as at the time of accident, having agricultural land in Gut No.73 at Ambewadi tq.Jafrabad. On 29.11.2020 deceased while proceeding on the motorcycle met with an accident with Mahindra Scorpio vehicle and sustained grievous injury to his head and during treatment was died on 02.12.2020.The incident was reported to concern Police Station where the offence was registered against the driver of Mahindra Scorpio. On the relevant date he was covering under the Insurance Scheme Known as Gopinath Mundhe Farmers Insurance Scheme with opponent. Therefore, the complainant submitted the claim proposal with opponent through Taluka Krishi Adhikari. The opponent on 31.03.2021 repudiated the claim of complainant on the ground that at the time of accident deceased was not holding effective and valid driving licence. As such the complainant filed consumer complaint due to deficiency in service committed by opponent towards her, claiming Insurance amount Rs. 2,00,000/-along with interest and Rs. 25,000/-for physical and mental harassment and cost of complainant. The complainant submitted copy of F.I.R, police papers, Government Resolution(in short G.R.) dtd.19.09.2019 and dtd.05.12.2019,copy of claim proposal and repudiation letter of opponent dtd.31.03.2021.

3.- The opponent appeared before the District commission and filed written statement, thereby resisted the complaint and denies the allegations. It is submitted by opponent that the deceased at the time of accident was riding the motor cycle without holding valid licence. It is also submitted that, the complaint is not maintainable due to non joinder of necessary party and prayed for dismissal of complaint.

4.- On hearing the counsel of both parties and considering the entire record ,the District commission held that the opponent committed deficiency in service and partly allowed the complaint and directed the opponent to pay Rs.200,000/- as insurance amount with interest and Rs.5000/-towards cost and compensation.

5.-Feeling aggrieved by the judgement and order, the opponent came to this Commission in appeal. Adv.S.T.Agrawal for appellant and Adv.P.A.Kuber for complainant were present. We heard both of the advocates.

6.-Adv.Agrawal for opponent argued and submitted by way of their pleading and written notes of arguments that, the District Commission has failed to consider clause 20 of G.R. dtd 19.09.2019 that if the farmer met with an accident while driving the vehicle himself, must to produce driving licence. It is submitted that the commission below wrongly held that in the accident deceased was not at fault and the offence is registered against the driver of offending vehicle and as such the driving licence is not necessary if the accident takes place due to rash and negligence driving of offending vehicle. It is further submitted by opponent that the ld commission below has not considered that at the time of accident the deceased driving the motor cycle without valid a