State Consumer Disputes Redressal Commission
Sh. Gulshan. vs Tata Aig General Insurance Co. Ltd. & ... on 18 September, 2023
H. P. STATE CONSUMER DISPUTES REDRESSAL
COMMISSION SHIMLA.
First Appeal No.: 56/2021
Date of Presentation: 20.10.2021
Order reserved on: 11.09.2023
Date of Decision: 18.09.2023
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Gulshan, S/o Sh. Narpat Ram, R/o Village Chaloge, P.O.
Harboi, Tehsil Sunder Nagar, District Mandi, H.P.
.......... Appellant/Complainant.
Versus
1. Tata AIG General Insurance Company Ltd. 2nd Floor,
SCO 232-234, Sector 34-A, Chandigarh-160022
through its General Manager (Claims).
2. The Branch Manager, Tata AIG General Insurance
Company Ltd. 1st Floor, Guleria Market, Gutkar, Tehsil
Balh, District Mandi, H.P.
......Respondents/Opposite Parties.
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Coram
Hon'ble Justice Inder Singh Mehta, President
Hon'ble Mr. R.K. Verma, Member.
Whether approved for reporting?1 Yes
For the Appellant: Ms. Shrutika Advocate, Vice
Mr.Dheeraj K. Vashisht, Advocate .
For the Respondents: Mr.Jagdish Thakur, Advocate.
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1
Whether Reporters of the local papers may be allowed to see the order?
Gulshan Vs. Tata AIG General Insurance Co. Ltd. & Anr.
F.A.No.56/2021
Justice Inder Singh Mehta, President
O R D E R:
Instant appeal is arising out of the order dated 09.08.2021 of learned District Commission, Mandi, in Consumer Complaint No.81/2021 titled Gulshan Vs. Tata AIG General Insurance Co. Ltd. & Anr.
Brief facts of Case:
2. Briefly, the case of the complainant is that the complainant is the registered owner of vehicle No.HP-
31C-3564 (Mahindra Bolero Pick Up). The said vehicle was insured with the opposite parties/Insurance company and the risk was covered from 24.07.2018 to 23.07.2019. Insured Declared Value of the vehicle was Rs.5,50,000/-. On 21st June, 2019, the vehicle met with an accident and was badly damaged to the extent of total loss. At the time of accident, Shri Duni Chand was driving the vehicle. Rapat No.7, dated 22.06.2019 was entered in Police Post, Nihri, District Mandi, HP. Information regarding the accident was given to the opposite parties/Insurance Company. Claim was duly lodged with the opposite party No.1/Insurance company and required documents were supplied to the opposite parties/Insurance company time and again. Since the claim was not settled for more than a 2 Gulshan Vs. Tata AIG General Insurance Co. Ltd. & Anr. F.A.No.56/2021 year, legal notice dated 21.09.2020 was sent to the opposite parties/Insurance company. Neither reply to the legal notice was issued nor, the claim was settled. Hence, the present complaint.
3. Complaint of the complainant was dismissed by learned District Commission below vide order dated 09.08.2021 at the admission stage in limini.
4. Being aggrieved by the order of learned District commission below, the appellant/complainant has preferred the instant appeal before this Commission.
5. We have heard learned counsel for the parties and have also gone through the record carefully.
6. Learned counsel for the appellant/complainant has submitted that the vehicle in question met with an accident on 21.06.2019. It was a commercial vehicle and was insured with the respondents/Insurance company. She further submitted that the claim of the complainant was rejected on the ground that on the date of accident, fitness certificate was expired. She further submitted that the fitness certificate of vehicle was valid upto 26.05.2019 as per RC, Annexure C-1. Learned counsel of the appellant/complainant has relied upon the judgment passed by Hon'ble Karnataka High Court in Smt. Suma & Anr. vs. 3 Gulshan Vs. Tata AIG General Insurance Co. Ltd. & Anr. F.A.No.56/2021 Syed Aheer Jain & Anr. decided on 05.07.2017 and prays that the appeal of the appellant/complainant be allowed.
7. On the other hand, learned counsel for the respondents/insurance company has submitted that the vehicle in question was not having fitness certificate as per mandate of Section 56 of the Motor Vehicles Act and in the absence of the fitness certificate, the vehicle cannot be considered as validly registered and as such cannot be plied as per Section 39 of the Motor Vehicles Act. The vehicle in question was not having valid fitness certificate on the date of accident and therefore, the Insurance Company is not liable to indemnify the complainant/insured Learned counsel of the respondents/Insurance company relied upon the order of Hon'ble National Commission in case United India Insurance Company Ltd. vs Surinder Kumar in revision petition No.2340 of 2013 decided on 23.09.2016 and further submitted that the judgment relied upon by the appellant/complainant is not applicable as the same relates to third party and the present complaint is dealing with the own damage claim. He further submitted that the impugned order does not require any interference and prays for dismissal of the appeal.
4 Gulshan Vs. Tata AIG General Insurance Co. Ltd. & Anr. F.A.No.56/2021 FINDINGS:
8. Perusal of the record indicates that the complaint of the complainant was dismissed at the admission stage in limini on the ground that the complainant failed to place on record valid fitness certificate.
9. The complaint has not been decided on merits.
Even notices to the opposite parties were not issued by the leaned District Commission below. Without issuing notices to the opposite parties and without taking reply of the opposite parties and evidence of the parties in support of their respective pleadings, the order passed by the learned Commission is bad in law and as such same is required to be set aside.
10. Consequently, appeal of the appellant/ complainant is allowed and the impugned order is set aside. The case is remanded back to learned District Commission below with the direction to decide the matter afresh on merits in accordance with law.
11. The complainant/appellant is directed to produce the requisite document(s) before the learned District Commission below during the proceedings of the complaint. 5 Gulshan Vs. Tata AIG General Insurance Co. Ltd. & Anr. F.A.No.56/2021
12. Learned District Commission, Mandi, on receiving the copy of order is directed to issue fresh notices to the parties to proceed with the matter further in accordance with law.
13. Parties are left to bear their own costs.
14. Certified copy of order be sent to the parties and their counsel(s) strictly as per rules. File of District Commission along with certified copy of order be sent back and file of State Commission be consigned to record room after due completion. Appeal is disposed of. Pending application(s), if any, also disposed of.
Justice Inder Singh Mehta President R.K. Verma Member Veena 6