Heard learned counsel for both sides.
2. Here is an appeal filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.
3. After hearing both parties and on perusal of the pleadings, the facts as unfolded are that the complainant being the owner of the vehicle bearing Registration No. OD-21-7399 purchased the insurance policy from the OPs for a period from 18.4.2013 to 17.4.2014. The vehicle allegedly was stolen on 7.6.2013. Police was informed on the next day. The matter was investigated by the police and also OPs were informed.
4. OPs made investigation and found the driver has no valid and effective driving licence for which they repudiated the claim.
5. After hearing both parties, the learned District Forum passed the following impugned order:-
“xxx xxx xxx
The opposite party No.1 & opposite party No.2 (1. General Manager, Reliance General Insurance Co.Ltd., 38-B, 8th Floor, Himalaya House, J.L.Nehru Road, Kolkata, W.B., 700071, 2. Regional Manager, Reliance General Insurance Co.Ltd., At/Po/Ps – Bhubaneswar, Dist – Khurda are held jointly and severally liable towards the complainant and as such are directed to pay Rs.6,23,831/- (Rupees six lakh twenty three thousand eight hundred thirty one only) towards insured value vide policy No. 2402732340000026 of the vehicle bearing Regd. No.OD-21-7399 to the complainant and pay Rs.2,000/- (Rupees two thousand only) towards cost and compensation. This order is to be carried out by the opposite parties within 45 days from the date of its receive/knowledge.
Order accordingly with costs.”
6. Learned counsel for the appellants has challenged the impugned order on the ground that the learned District Forum committed error in law by not going through the written version with proper perspective. He also submitted that the learned District Forum ought not to have directed to pay the entire purchase amount of the vehicle even if it is stolen. Learned District Forum also committed error in law by not going through the policy condition with regard to the driver’s clause. So, he submitted to set aside the impugned order by allowing the appeal.
7. Learned counsel for the respondent submitted that there is no any defect in the impugned order because the vehicle was stolen and police was informed immediately so also the OPs and police submitted charge sheet that ‘fact true no clue’. So, he supports the impugned order.
8. Considered the submission of learned counsel for the respective parties and perused the DFR including the impugned order.
9. It is admitted fact that the vehicle of the complainant was stolen away and police was informed on the next day. In this regard the decision of Hon’ble Apex Court in Gurushinder Singh vrs. Sriram General Insurance Co.Ltd. AIR 2020 SC Page 1395 have been pleased to observe that information on the next day of occurrence to the police is enough for immediate information to police for compliance of the policy condition. In the decision of Mukund Dewangan vrs. Oriental Insurance Company Limited 2017 AIR (SC) 3668, the Hon’ble Apex Court clearly held that the driver having LMV whether it has got any endorsement to drive the transport vehicle or not is enough to prove the valid driving licence of the driver. So that cannot be a ground to repudiate the claim. Therefore, in this case, the learned District Forum has rightly met all the points and there is nothing to interfere with it. So far the insurance IDV is concerned, the direction to pay the entire purchase price of the vehicle is not correct because the vehicle has been used for two months after purchase. While affirming the impugned order, the operative portion of the impugned order is modified to the extent that the OPs would pay Rs.6,00,000/-( Rupees six lac) towards the insured value within a period of 45 days to the complainant failing which the OPs would pay interest at the rate of 12% per annum from the date of impugned order till payment is made. Rest part of the impugned order remains unaltered. No cost.
DFR be sent back forthwith.
Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.
