National Consumer Disputes Redressal
The New India Assurance Company Limited vs V. Maniraju on 21 August, 2012
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 379 OF 2012. along with ( I.A. No. 1 and 3 of 2012 ) (Stay and delay) (Against the order dated 22-08-2011 in Appeal No. 4478 of 2010 of Karnataka State Consumer Disputes Redressal Commission, Bangalore ) The New India Assurance Company Limited Through Deputy Manager Delhi Regional Office-I, Jeevan Bharti Tower-II, Level-V, 124, Connaught Circus, New Delhi-110001. Petitioner Versus V. Maniraju S/o Venkatappa M/s Yellamma Gas Agency, 52, Mannarapura (V), Ajjawara Post, Chickballapur Tq. & District Bangalore. .Respondent. BEFORE: HONBLE MR.JUSTICE V.B. GUPTA, PRESIDING MEMBER HONBLE MR. VINAY KUMAR, MEMBER For the Petitioner (s): Mr. Rajan K. Pandey, Advocate Pronounced on: 21st August, 2012. ORDER
PER MR.
JUSTICE V.B. GUPTA, PRESIDING MEMBER In this revision petition, there is challenge to order dated 22.08.2011, passed by Karnataka State Consumer Disputes Redressal Commission, Bangalore (for short as, the State Commission).
2. Petitioners case is that document Ex. R-11 has been erroneously construed by this Commission holding that the driver of the offending vehicle was authorized to drive LMV GV exceeding 7500 Kgs. through an oversight, resulting in fastening liability against the petitioner. In fact, the Driving Licence states not exceeding 7500 Kgs.
3. State Commission with regard to Driving Licence has held;
Ex.
R-11 is the copy of the DL extract obtained by the appellant which shows that, S. Ravi has taken DL from the Regional Transport Officer, Chikkaballapur to drive the LMV (NT) which is valid for the period from 19.09.2007 to 18.09.2027 for a period of 20 years. But subsequently he obtained an endorsement from the very said RTO authorizing him to drive LMV-GV exceeding 7500 KGs with effect from 19.09.2007 valid from 19.09.2007 to 18.09.2010. In Ex. R-I it is mentioned the gross weight of the vehicle in 8800 KGs. Therefore, the driver S. Ravi has taken separate endorsement in his driving licence to drive the goods carriage vehicle whose gross weight is 8800 KGs and he is permitted to drive such vehicle. Therefore, there is no violation of to drive the vehicle.
4. However, the copy of Driving Licence placed at Page 69 of the paper book read otherwise, which is reproduced as under;
DRIVING LICENCE EXTRACT D. L. No. 1904/07.08
1. Name : S. Ravi Date of Birth :
05.02.1991
2. Fathers Name : S/o Srinivasappa
3. Address : Mannarpura Village, Ajjavara Post, Chikkabvallapur Dist.
4. Authorized to drive: LMV (NT)
5. Book No. : 15229
6. Validity :
19.09.2007 To 18.09.2027
7. EDL. No.920/07.08- Authorized to drive LTV- GV not exceeding 7500 Kgs.
w.e.f. 19.09.2007 valid from 19.09.2007 to 18.09.2010.
Sd/-
Regional Transport Officer, Chikkaballapur.
5. In view of this ambiguity, matter requires consideration.
Issue notice of the petition, applications for condonation of delay as well as for stay, to the respondent returnable on 8.01.2013.
6. Meanwhile, operation of impugned order shall remain stayed, till the next date of hearing subject to petitioners depositing entire awarded amount along with upto date interest, within six weeks from today with the District Forum. On receipt of the amount, District Forum shall put the same in a Fixed Deposit Account in a nationalized bank, initially for a period of one year.
7. Dasti.
.J (V.B. GUPTA) PRESIDING MEMBER ...
(VINAY KUMAR) MEMBER