w w w . L a w y e r S e r v i c e s . i n



The Branch Manager, National Insurance Co. Ltd. v/s Subhash Mahanta


Company & Directors' Information:- SUBHASH INDIA PRIVATE LIMITED [Strike Off] CIN = U52100DL2014PTC271852

Company & Directors' Information:- I.N. INSURANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U67200DL1994PTC062554

    First Appeal No. A/1136/2015

    Decided On, 12 March 2020

    At, West Bengal State Consumer Disputes Redressal Commission Kolkata

    By, THE HONOURABLE MR. SHYAMAL GUPTA
    By, PRESIDING MEMBER & THE HONOURABLE MR. UTPAL KUMAR BHATTACHARYA
    By, MEMBER

    For the Appellant: Debajit Dutta, Advocate. For the Respondent: Subrata Saha, Advocate.



Judgment Text


Utpal Kumar Bhattacharya, Member

Instant Appeal u/s 15 of the C.P Act, 1986 has been filed challenging the judgment and order dated 18.08.2015 passed by the Ld. District Forum, Dakshin Dinajpur, West Bengal in Complaint Case No. 10/2015 allowing the complaint in part.

The Appellant/OP was directed to pay to the Respondent/Complainant a compensation to the tune of Rs. 1,92,096/- within 60 days from the date of the impugned order, failing which, as ordered, the Appellant/OP should have to pay interest @ 8% p.a. till realisation of the amount.

The fact of the case in a nut-shell was that the Respondent/Complainant, the owner of one Bolero Vehicle of Registration No. WB62—B/5999, had his said vehicle insured with the Appellant/OP Insurance Company on payment of due expenses and charges. The policy was valid up to 21.12.2014.

The subject vehicle met with an accident on 21.02.2014 at a place located under Gangarampur Police Station. A Gangarampur P.S. Case No.82/2014 dated 22.02.2014 under Section 279/304A/427 IPC, was initiated over the incident. The vehicle, after the accident had taken place, appeared to have been inspected before the same being dismantled by the surveyor appointed by the branch Manager, National Insurance Company Ltd., Balurghat Branch office and reported damage was verified with reference to the R.C. Book, verbal statement of the driver behind the wheel at the relevant point of time, photographs of damages etc. taken by Mr. Dipak Biswas, the surveyor conducting the preliminary survey etc. A loss to the tune of Rs. 1,92,596/-(1,63,746+28,850) was seen to have been assessed in the final survey report against a claim of Rs. 3,35,955/-, being the amount allegedly spent for the repairing of the vehicle.

The claim, however, was not allowed by the Appellant/OP Insurance Company on the ground that the driver of the vehicle was not having a valid licence at the time of driving the vehicle.

The Respondent/Complainant, being aggrieved with the directions of the Appellant/OP Insurance Company, filed the complaint case before the Ld. District Forum. The judgment and order passed by the Ld. District Forum in the said case was put under challenge in the instant Appeal.

Heard the Appeal ex parte against the Respondent/Complainant.

Ld. Advocate appearing on behalf of the Appellant/OP, acknowledging the fact of happening of the accident of the subject vehicle within the validity of the policy period, submitted that the only reason for repudiation of the claim by the Appellant/OP Insurance Company was that the driver who was driving the vehicle at the relevant point of time was not having a valid driving licence.

He submitted further that the driving licence No. WB/59/14186 was in the name of Bibhas Mohanta who was behind wheel of the subject vehicle when the accident had taken place. The said licence was found to be having validity for the period from 06.12.2001 to 05.12.2013. Sri Mohanta, as appeared from the relevant papers and from the impugned order, had surrendered his licence for renewal of the same to the licensing authority, Dakshin Dinajpur and not to the said authority of the District of Uttar Dinajpur which, actually, had issued the said licence. The Dakshin Dinajpur MV Authority appeared to have issued a document exempting the holder of the licence to produce the licence on demand till 13.01.2014 which was extended up to 13.03.2014. The fresh licence was ultimately issued by RTA Dakshin Dinajpur under No. WB/61/20327 with validity up to 01/06/2017.

As the Ld. Advocate continued, the running page 24 of the case record would reveal that the application for renewal was submitted more than 30 days after the date of expiry of the licence No.WB/59/14186 and the fresh licence on payment of fine with a different number of WB/61/20327 was issued on and from a different date with no continuity of the earlier licence.

In this context, Ld. Advocate referred to the contents under Section 15 of the MV Act, 1988 wherein it was envisaged, “any licensing authority may, on application made to it, renew a driving licence issued under the provisions of this Act with effect from the date of its expiry.

Provided that in any case where the application for the renewal of a licence is made more than thirty days after the date of its expiry, the driving licence shall be renewed with effect from the date of its renewal.”

The picture narrated above, as he continued to submit, would make it clear that there was in fact, no valid licence from 06.12.2013 to 01.06.2014—a period within which 21.02.2014, the date of accident had fallen. As submitted, non-availability of a valid licence with the driver at the relevant point of time had rendered the insured ineligible to get the claimed amount. In this context, Ld. Advocate relied upon the decision of the Hon’ble National Commission in Revision Petition No. 3094 of 2016 [Ajay Navanath Sontakke—Vs—New India Assurance Company Ltd. and Anr.] wherein, while holding the repudiation of the claim justified, the Hon’ble Commission impressed upon non-availability of a valid driving licence as the main reason for such repudiation.

In the same judgment, the Hon’ble National Commission at para 13 went on to refer to the observation of the Hon’ble Apex Court in [New India Assurance Company Ltd.—Vs—Suresh Chandra Aggarwal] wherein the Hon’ble Apex Court was pleased to elaborate an almost identical situation as under:-

“In the instant case, as noted above, as per the certificate issued by the licensing authority, the driving licence of the deceased driver had expired on 25th October, 1991 i.e. four months prior to the date of accident on 29th February, 1992 and it was renewed with effect from 23rd March, 1992. It is not the case of the claimant that the driver had applied for renewal of the licence within 30 days of the date of its expiry. On the contrary, it is the specific case of the appellant that the driving licence was renewed only with effect from 23rd March, 1992. From a plain reading of Section 15 of the Act, it is clear that if an application for renewal of licence is made within 30 days of the date of its expiry, the licence continues to be effective and valid without a break as the renewal dates back to the date of its expiry. Whereas, when an application for renewal is filed after more than 30 days after the date of its expiry, proviso to Sub-Section (1) of Section 15 of the Act, gets attracted and the licence is renewed only with effect from the date of its renewal, meaning thereby that in the interregnum between the date of expiry of the licence and the date of its renewal, there is no effective licence in existence. The provision is clear and admits of no ambiguity. However, the stand of the claimant before the District and State Fora as also before us was that since the deceased driver was holding a valid licence and had not been disqualified from holding an effective licence, the stipulation in the afore-extracted condition was not infringed. In our view the argument is stated to be rejected. Admittedly having failed to apply for renewal of the driving licence within 30 days from the date of its expiry in terms of Section 15 of the Act, the licence could not be renewed with effect from the date of its expiry and therefore, between the period from 26th October, 1991 to 22nd March, 1992, the deceased driver had no valid and effective driving licence as contemplated under Section 3 of the Act. We are convinced that during this period, he did not hold at all an effective driving licence, as required in the terms and conditions governing the policy on the date of accident i.e. 29th February, 1992.”

With the above submission, the Ld. Advocate prayed for the Appeal to be allowed setting aside the impugned judgment and order.

Perused the papers on record and considered submissions of the Ld. Advocate appearing on behalf of the Appellant/OP Insurance Company. It appeared on perusal of the record that the validity of the driving licence No. WB—59/14/86 had expired on 06.12.2013. It appeared further from the running page 24 that there was a noting to the effect that the licence was prayed for renewal with payment of fine which only went to mean that the prayer for renewal of licence was filed more than 30 days after the date of expiry of the licence to the Dakshin Dinajpur Transport Authority instead of Uttar Dinajpur Transport Authority which had actually issued the original licence.

Particulars of the renewed driving licence running page 26, indicated that a fresh driving licence under a different driving licence No. WB—61/20327 was issued on 02.06.2014 with validity up to 01.06.2017. That meant, the driver concern was not having any valid driving licence from 06.12.2013 to 01.06.2014. Since the subject accident had taken place on 21.02.2014, it was unambiguous that at the time of the accident, there was no valid licence of the driver running the vehicle. The authorization of driving the vehicle from 13.01.2014 to 13.03.2014 in phases, running page 29, was issued by none else than a Dealing Assistant who had no authority to confer upon the driver such authorization. Moreover, Section 10 of the M.V Act, referring to which the Ld. District Forum had tried to justify the said authorization, was related to learner licence and was not applicable to the instant issue. Said authorization, therefore, lacked the material value for taking cognizance of. The above observation at para 4 at running page 26 had a corroborative observation towards not having validity of the

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licence No. WB—59/14186 on the date of the subject accident. Going by our above findings and being guided by the enlightening observations of the Hon’ble Supreme Court and Hon’ble National Commission mentioned above, we are of the considered view that the owner of the vehicle had committed breach of the policy terms under Section 5 of the M.V Act, 1988 entrusting the vehicle to a person who did not hold a valid licence on the date of accident. Since the above shortcoming was a vital lapse on the part of the Respondent/Complainant, we are of the considered view that the insurer did not have any liability to indemnify the loss sustained by the insured, as claimed. We, therefore, are of the considered view that there was material irregularity in passing the impugned judgment and order which, accordingly, was liable to be set aside. Hence, Ordered that the Appeal be and the same stands allowed. Impugned judgment and order stands set aside. No order as to costs. The Complaint Case also stands disposed of accordingly.
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