State Consumer Disputes Redressal Commission
Smt.Chaitrali Chandrashekhar ... vs Future Generali India Insurance Co.Ltd ... on 16 April, 2019
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
MAHARASHTRA, MUMBAI
Appeal No.A/17/533
Smt.Chaitrali Chandrashekhar Rajwade
R/o.Village Nive (B),
Taluka Sangmeshwar, District Ratnagiri. .....Appellant
Versus
Future Generali India Insurance Co.Ltd.
Through Divisional Manager
Indiabulls Finance Centre, Tower 3
6th floor, Senapati Bapat Marg .........Respondent
Elphinstone, Mumbai 400 013
BEFORE: Justice A.P.Bhangale, President
Dr.S.K.Kakade, Member
PRESENT: Mr.V.S.Shinde-Advocate for appellant
Mr.D.R.Mahadik-Advocate for respondent
ORAL ORDER
Per Hon'ble Justice A.P.Bhangale, President
By this appeal appellant has questioned validity and legality of the impugned and order passed in consumer complaint no.90/2016, whereby the Learned District Forum, Central Mumbai was pleased to dismiss the complaint on the ground that deceased himself was driving the vehicle, which met with an accident and he had no valid driving license at that time. According to learned advocate for appellant, driving license and vehicle papers were lost. Therefore, police complaint was lodged.
We have perused the impugned judgment as well as the documents regarding police enquiry and the insurance scheme for farmers' welfare, which is a tri-partite agreement entered into by the State Government of Maharashtra with the farmers and the insurance company concerned under the scheme known as 'Shetkari Janata Apghat Vima Yojana 2013-14'. The scheme itself mentioned as condition that if farmer died on account of accident of the motor vehicle and when victim of the accident was himself driving the vehicle, in such cases it is necessary for the complainant to produce valid motor driving license. Though it is sought to be argued that the original documents were lost, nothing prevented complainant from producing duplicate copy of the motor driving license available from the RTO office concerned but that was not done in this case. That being so, there was breach of essential condition no.21 of the 'Shetkari Janata Apghat Vima Yojana 2013-14'. The instructions for guidance were not followed by the complainant in this case. That being so, though we feel compassion towards complainant, since there was breach of essential condition, we feel helpless.
Our attention is invited to the judgment in the matter of ICICI Lombard General Insurance Co.Ltd. v/s. Smt.Sindhubhai Khanderao Khairnar reported in 2008(2) ALL MR (JOURNAL) 13, whereby the State Commission in the facts and circumstances of that case, considered the observations made by the Learned Trial Forum that in respect of driving license all the required papers/documents were submitted to the Insurance Company and the rejection of claim was held unreasonable in that case. In the present case, considering the expressed breach of clause no.21 as appearing in the scheme and furthermore, that there was no production of valid motor driving license or even duplicate or secondary evidence from the RTO concerned, there is no ground made out by the appellant for interference with the impugned judgment and award. Hence appeal is dismissed. No order as to costs.
Pronounced on 16th April, 2019.
[Justice A.P.Bhangale] PRESIDENT [Dr.S.K.Kakade] MEMBER Ms