National Consumer Disputes Redressal
The Manager, M/S. Icici Lombard General ... vs Mainuddin on 5 January, 2015
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 396 OF 2009 (Against the order dated 17.11.2008 in Appeal No. 1091/2008 of Karnataka State Consumer Disputes Redressal Commission, Bangalore) The Manager M/s. ICICI Lombard General Insurance Co. Ltd. Bellad & Company, Bannigida Stop, Gukol Road, Hubli 30 (Karnatka State) Now represented by :- Manager (Legal) ICICI Lombard General Ins. Co. Ltd. 5th Floor, Birla Tower, Barakhamba Road, New Delhi 110 001 Petitioner/Opp. Party (OP) Versus Mainuddin S/o Nabisab Dharwad, Kalimath Oni, Navalgund, Navalgund Taluk, Dharwad District (Karnataka State) Respondent/Complainant
BEFORE :
HONBLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER For the Petitioner : Mr. D. Varadrajan, Advocate For the Respondent : Ex-parte PRONOUNCED ON 5th JANUARY, 2015 O R D E R PER JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER This revision petition has been filed by the petitioner against the order dated 17.11.2008 passed by the Karnataka State Consumer Disputes Redressal Commission, Bangalore (in short, the State Commission) in Appeal No. 1091 of 2008 The Manager, M/s. ICICI Lombard General Ins. Co. Ltd. Vs. Mainuddin by which while dismissing appeal, order of District Forum allowing complaint was upheld.
2. Brief facts of the case are that complainant/respondent registered owner of KA25/B4687 got it insured from OP/petitioner for a period of one year from 2.6.2006 to 1.6.2007. Vehicle met with an accident on 31.10.2006 and complainant submitted claim of Rs.2,79,983/-. As claim was not settled, alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that insured vehicle was a transport vehicle which was driven by a person not holding valid driving licence; hence, claim was rightly repudiated and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint and directed OP to pay Rs.2,45,983/-. Appeal filed by OP was dismissed by learned State Commission vide impugned order against which this revision petition has been filed.
3. None appeared for respondent even after notice and he was proceeded ex-parte.
4. Heard learned Counsel for the petitioner and perused record.
5. Learned Counsel for the petitioner submitted that as driver of vehicle was not holding valid driving licence at the time of accident, claim was rightly repudiated even then learned District Forum committed error in allowing complaint and learned State Commission further committed error in dismissing appeal; hence, revision petition be allowed and impugned order be set aside.
6. It is not disputed that complainant was owner of the light goods vehicle which was insured by OP. It is also not disputed that driver of the vehicle was holding licence to drive LMV N/T. Now, the core question to be decided is whether at the time of accident, vehicle was driven by a person holding valid driving licence.
7. Learned District Forum on the basis of judgment of Honble Apex Court in 2008 SC 1418 National Insurance Co. Ltd. Vs. Sri Annappa Irappa Nesaria & Ors. held that driver who had valid driving licence for LMV was authorized to drive light goods vehicle as well.
8. Learned Counsel for the petitioner has drawn my attention to Sri Annappa Irappa Nesaria case (Supra) in which it was observed that light motor vehicle continued at the relevant point of time to cover both light passenger carriage vehicle and light goods carriage vehicle and driver who had a valid driving licence to drive light motor vehicle was authorized to drive light goods vehicle. This case pertains to accident on 9.12.1999, whereas in the case in hand, vehicle met with an accident on 31.10.2006 and by that time, necessary amendments in Motor Vehicle Act had already been incorporated. Honble Apex Court in C.A. No. 1102 of 2009 Oriental Ins. Co. Ltd. Vs. Angad Kol & Ors. referred Sri Annappa Irappa Nesaria case and observed that from 28.3.2001, amendment has been carried out in Motor Vehicle Act and there is distinction between light motor vehicle and a transport vehicle and ultimately held that respondent was not holding valid and effective driving licence for driving goods vehicle which amounted to breach of conditions of the insurance policy as in the aforesaid case driver of the vehicle was holding licence to drive light motor vehicle. In the case in hand also driver of the vehicle was holding licence to drive LMV non-transport and as at the time of accident he was driving goods vehicle, licence held by him was not valid driving licence for driving goods vehicle. To drive a transport vehicle licence is issued for 3 years, whereas for driving light motor vehicle, licence is issued for 20 years. Licence issued to driver Gulappa Hadpad which was valid from 20.9.2004 to 19.9.2024, but he was not permitted to drive Transport Vehicle.
Honble Apex Court in C.A. NO. 3496 of 2008 New India Assurance Co. Ltd. Vs. Roshanben Rahemansha Fakir & Anr. also referred Sri Annappa Irappa Nesaria case and observed that light motor vehicle would not include light transport vehicle and on that basis, order allowing claim against Insurance Company was set aside.
9. In the light of above discussion, it becomes clear that at the time of accident driver of the vehicle was not possessed with valid driving licence and in such circumstances, OP has not committed any deficiency in repudiating claim and learned District Forum committed error in allowing complaint and learned State Commission further committed error in dismissing appeal; hence, revision petition is to be allowed.
10. Consequently, revision petition filed by the petitioner is allowed and order dated 17.11.2008 passed by learned State Commission in Appeal No. 1091 of 2008 The Manager, M/s. ICICI Lombard General Ins. Co. Ltd. Vs. Mainuddin and order of District Forum dated 25.3.2008 in Complt. No. 280/07 Mainuddin Vs. The Branch Manager, ICICI Lombard General Ins. Co. Ltd. is set aside and complaint stands dismissed with no order as to costs.
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( K.S. CHAUDHARI, J) PRESIDING MEMBER k