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State Consumer Disputes Redressal Commission

Shirajurrehman Shahjan Bagwan vs Shri.V.S.Thorat on 9 April, 2015

                                    1
                               FA/141/2015

MAHARASHTRA STEP CONSUMER DISPUTES REDRESSAL
COMMISSION, MUMBAI CIRCUIT BENCH AT AURANGABAD.
                                             Date of filing : 27/02/2015
                                             Date of order : 09/04/2015

FIRST APPEAL No : 141 of 2015
IN COMPLAINT CASE NO : 34 OF 2011
DISTRICT CONSUMER FORUM: LATUR.

Shirajurrehman Shahjan Bagwan
R/o.Hatte Nagar,
Latur.                                             APPELLANT

          VERSUS

Shri.V.S.Thorat
Divisional Manager
United India Insurance Company Ltd
Opp.Gorakshan Tilaknagar Latur,
At Present Near Anjuani Hotel,
Ambajogai road, Latur.                             RESPONDENT


Coram : Mrs. Smt.Uma Bora, Hon'ble Presiding Judicial Member.

                            JUDGMENT

( Delivered on 09th April 2015 ) Per. Smt.Uma Bora, Hon'ble Presiding Judicial Member.

1. Adv.Shri.Fayyaz Patel appeared for the appellant. Appeal filed by original complainant Shri.Shirajurrehaman Shahjan Bagwan resident at Hatte Nagar Dist.Latur. Present appeal is filed being aggrieved by the judgment and order passed by the Dist. Consumer Forum Latur. On 05/12/2014 dismissing the complaint case No. 2 FA/141/2015 34/2011. Original complaint filed against the United India Insurance Company Ltd on the ground of deficiency in service.

2. Facts in nutshell are as under :

Complainant is owner of Eicher Tempo bearing registration No.MH-24-F-9133. Said vehicle was insured with respondent insurance company. On 15/05/2010. Said vehicle met with an accident. Accordingly, CR No.11/2010 registered after the said accident. Claim was preferred by the complainant with the insurance company but his claim was repudiated on the ground that, vehicle was not carrying "fitness certificate" at the time of accident. Therefore, complainant approached to Dist. Consumer Forum. Dist. Consumer Forum by considering said facts dismissed the complaint on the same ground, therefore present appeal.

3. Adv.Shri.Fayyaz Patel apeared for the appellant. He submitted that said accident had not occur due to negligence of the driver but due to mistake of one bullock cart driver. Therefore fitness certificate is not having any nexus with accident. In support of his contention he relied on Pushpa Devi -V/s- National Insurance Company Ltd IV (2008) CPJ 488 It is held by Hon'ble Rajasthan State Commission that, non existence of fitness certificate not contributed to accident. Settlement of claim on non standard basis directed.

FA/141/2015

4. I heard Adv.Shri. Fayyaz Patel at the admission stage. In my view as per Sec. 57 of Motor Vehicle Act, vehicle cannot be brought on road without fitness certificate. In my view, complainant committed the breach of law if vehicle could not have brought on road accident might not have happened. Therefore the contention of the appellant that there is no nexus between fitness certificate and cause of accident cannot be accepted. Hence, appeal is summarily dismissed. No order as to cost.

Smt.Uma Bora Presiding Judicial Member A.H.Patil Steno H.G. 4 FA/141/2015