State Consumer Disputes Redressal Commission
U I I Co vs Vinay Kumar Singh on 10 March, 2016
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UP C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010 First Appeal No. A/2003/2896 (Arisen out of Order Dated in Case No. of District ) 1. U I I Co A ...........Appellant(s) Versus 1. Vinay Kumar Singh A ...........Respondent(s) BEFORE: HON'BLE MR. Alok Kumar Bose PRESIDING MEMBER HON'BLE MR. Sanjay Kumar MEMBER For the Appellant: For the Respondent: ORDER RESERVED State Consumer Disputes Redressal Commission U.P., Lucknow. Appeal No.2896 of 2003 United India Insurance Co. Ltd. through its Branch Manager, Branch Office, Roohatta, Jaunpur. ...Appellant. Versus Vinay Kumar Singh s/o Sri Hari Shankar Singh, R/o Adanpur, Jaunpur. ...Respondent. Present:- 1- Hon'ble Sri A.K. Bose, Presiding Member. 2- Hon'ble Sri Sanjai Kumar, Member. For the appellant : Sri V.P. Sharma. For the respondent: Sri Vishnu Kumar Misra. Date 11.4.2016 JUDGMENT
Sri A.K. Bose, Member- Aggrieved by the judgment and order dated 23.9.2003, passed by the Ld. DCDRF, Jaunpur in complaint case No.134 of 2000, the appellant United India Insurance Co. Ltd., through its Branch Manager has preferred the instant appeal under Section 15 of the Consumer Protection Act, 1986 (Act 68 of 1986) on the ground that the impugned order is arbitrary, perverse and is bad in the eye of law. It was delivered without proper appreciation of law and/or application of mind, on the basis of surmises and conjectures and therefore, it has been prayed that the same be set aside in the interest of justice otherwise the appellant will suffer irreparable financial loss.
From perusal of the records, it is revealed that the respondent/complainant Sri Vinay Kumar Singh was the owner of the Ashok Leyland Truck, Model 1996 bearing (2) Registration no. UP 62 C-0155, Chassis no.RXC 381799 and Engine no.RXC 269579. The Truck was effectively insured by the appellant United India Insurance Co. vide Cover Note no.520100 dated 18.12.1997. The insurance was valid from 26.12.1997 to 25.12.1998 for a sum assured Rs.6 lacs. It was hypothecated with the UBI, Jaunpur.
From perusal of the records, it is revealed that the Goods Tax pertaining to the Truck was paid upto 31.3.1999. The vehicle had Fitness upto 12.2.1999 and had permit, bearing no.782/NP/RTA/98 dated 4.3.1998 for area of operation of whole of U.P., Bihar, M.P. and Maharastra.
On 4.12.1998 the respondent/complainant lodged an FIR at PS Orai at District: Jalaun (U.P.) that his truck had met with an accident with Truck no.UP 42 B-6525 on the night of 3/4.12.1998 near Rajaipur, Kathar Hotel, Orai (U.P.) Thereafter, a claim was filed for payment of the amount under insurance wherein it was informed that at the time of accident, his Truck was being driven by Sri Ramjit Dubey who had a valid Driving License no.87 C 45089 issued by the Licensing Authority, Mumbai Central (Maharastra).
During the course of investigation, the driver Sri Ramjit Dubey moved an application before the Branch Manager of U.I.I. Co. Ltd., Jaunpur that his aforesaid license no.87-C-45089 was valid for the period 27.3.2000 (3) to 24.4.2003 only. He admitted that prior to this, his license was invalid as he failed to renew the same in time. The letter of Sri Ramjit Dubey, duly certified by the Officers of the United India Insurance Company dated 10.4.2000, is on record. Thereafter, the Driver submitted a fresh D.L. bearing no.14783/SRN/ 1998 dated 12.9.1998 in order to establish that he had a valid D.L. at the time of the accident. In the meantime, the Surveyor submitted in his Report dated 8.3.1993 in which he estimated loss, cause to the vehicle due to the accident to the extent of Rs.2,26,448.00 and assessed Rs.72,793.50 as payable. Since another license, bearing no.14783/SRN/ 1998 was filed by the Driver in order to establish that he had a valid Driving License, therefore, the appellant Insurance Company got the same verified through Sri S.K. Srivastava, Surveyor and Loss Assessor. The Surveyor, after due investigation reported that the license was a fake and fabricated one. In fact, the above numbered Driving License was issued in the name of Sri Irshad Ahmad s/o Sri Murtuza, R/o Miyanji Ka Purwa, Allahabad. The Driving particulars, as per the RTO records, also establish the fact that Shri Ramjit Dubey was having a fake license. No attempt was, thereafter, made to prove otherwise. Consequently, the appellant Insurance Company repudiated the claim on 2.9.1999 on the ground that the driver had no valid and effective driving license at the time of the accident.
Aggrieved by this repudiation, the respondent/ (4) complainant Sri Vinay Kumar Singh filed complaint case no.134 of 2000 before the Ld. DCDRF, Jaunpur for redressal of his grievance.
The Forum below, after hearing the parties. partly allowed the complaint and directed the appellant United India Insurance Company to pay a sum of Rs.1,50,000.00 to the respondent/ complainant with interest @ 6% p.a. from 25.8.2000 till full and final payment towards indemnifying the loss caused to the vehicle due to the road accident.
Aggrieved by this judgment and order, the instant appeal has been preferred. We have heard the ld. Counsel for the parties and have gone through the documents available on record.
The respondent/ complainant, at para 5 of the complaint specifically submitted that Sri Ramjit Dubey was driving his Truck at the time of the accident. He had a valid Driving License no.87 C 4589 issued by the Licensing Authority, Mumbai Central, Mumbai (Maharastra). As noted above, during the course of investigation the Driver Ramjit Dubey admitted that his aforesaid license was valid from 27.3.2000 to 24.4.2003 only and prior to that, it was lying in an invalid condition. The accident took place on the night of 3/4.12.1998 and at that time it was not valid and effective. He filed another license bearing no.14783/SRN/1998 in order to establish that he possessed a valid license at the time of accident. The investigation and the report of the Licensing Authority revealed that the said license was a fake one (5) and was actually issued in the name of Sri Irshad Ahmad s/o Sri Murtuza. Thereafter, no effort was made by the respondent/complainant to prove that the driver of the truck had a valid and effective Driving License, at the time of accident. We have given due consideration on all aspects of the matter. Admittedly, the D.L. bearing no.87-C-45089 was not valid on the date of accident. There is nothing on record to establish that the driver was issued a License for driving Commercial Vehicles. The Driver admitted this fact in his letter addressed to the Branch Manager, United India Insurance Company, Jaunpur and submitted that aforesaid license was valid from 27.3.2000 to 24.4.2003 only. He also admitted that prior to this, his license was lying in lapse condition as he failed to renew the same in time. Thus, the question for determination before us is:
(i) Whether a person, in ordinary course, can keep two Driving Licenses or not and; (ii) What is the consequences for not having a valid Driving License at the time of accident?
Section 6 of the Motor Vehicles Act, 1988 provides that:
"No person shall, while he holds any driving license for the time being in force, hold any other driving license except a learner's license or a driving license issued in accordance with the provisions of section 18 or a document authorizing, in accordance with the rules made under section 139, the person specified therein to drive a motor vehicle."
Admittedly, the first license was invalid at the time (6) of accident and the second license bearing no.14783/ SRN/1998 proved to be a fake one. The Licensing Authority has reported that the said license was issued in the name of Sri Irshad Ahmad and not in the name of Sri Ramjit Dubey. Thus, it is clear that on the date of accident the Driver Shri Ramjit Dubey was not having any valid Driving License, much less having two licenses. It may be observed that the appellant Insurance Company did not get the first license verified by the Licensing Authority as it was admitted by the driver in writing that the same was invalid and ineffective at the time of the accident. Besides this, the driver was driving a Truck whereas, the photocopy of the license prima-facie shows that it was not a commercial license. It has been held by the Hon'ble Apex Court in Oriental Insurance Co. Ltd. vs. Prithivi Raj, (2008) 2 SCC 338 that subsequent renewal of the license by the RTO protects a Third Party right only and not of the Insured. It was again held by the Hon'ble Apex Court in National Insurance Co. Ltd. vs. Saheb Singh, (2010) 14 SCC 776 that the failure of the owner to verify the genuineness of the Diving License shown to him by the Driver would apply only in a case where the claim is raised by a Third Party and not in a case where the claim is raised by the insured himself. Similar view was expressed by the Hon'ble Apex Court in National Insurance Co. Ltd. vs. Laxmi Narain Dhut, (2007) 3 SCC 700 and Oriental Insurance Co. Ltd. vs. Prithvi Raj, (2008) 2 SCC 338. In the instant matter, the claim was filed by the owner/insured of the vehicle and not by a (7) Third Party and, therefore, the rulings laid down by the Hon'ble Apex Court in Saheb Singh, Laxmi Narain Dhut and Prithvi Raj (supra) are applicable. Since the driver of the accidented vehicle did not possess any valid and effective Driving License at the time of the accident, therefore the repudiation of the claim by the Insured was justified. The Forum below failed to consider all facts, circumstances, evidence and law on the subject and passed the impugned order in a mechanical manner. It suffers from material irregularity and illegality and therefore, it cannot be allowed to sustain. Consequently, the appeal deserves to be allowed.
ORDER The appeal is allowed and the judgment and order dated 23.9.2003, passed by the Ld. DCDRF, Jaunpur in complaint case No.134 of 2000 is set aside. No order as to costs. Certified copy of the judgment be provided to the parties in accordance with rules.
(A.K. Bose) (Sanjai Kumar) Presiding Member Member Jafri PA-II Court No.3 [HON'BLE MR. Alok Kumar Bose] PRESIDING MEMBER [HON'BLE MR. Sanjay Kumar] MEMBER