Skip to main content

Consumer forum rejects monetary claim - Learner's license is not an effective license

The South Goa Consumer Disputes Redressal Forum (SGCDRF) dismissed a complaint filed by parents of a deceased victim of a fatal accident that took place in Ponda in 2004, against the New India Assurance Company, Margao, as the deceased Sunil N Kadam was riding the vehicle with a learner's license.

The order stated that the claim of the complaint, the father of the victim, Narsing Nana Kadam, was rightly repudiated by the insurance company.

Kadam, a resident of Bicholim, had filed a complaint under Section 12 of the Consumer Protection Act, 1986, alleging deficiency-in-service against the insurance company praying for a sum of 2 lakh alongwith 18% interest and also for a sum of 50,000 towards costs and legal expenses.

As per the facts of the case, the deceased who was employed as a mechanical engineer at a pharma company located at Verna Industrial estate owned a motor cycle insured with the insurance company under a policy that was valid up to July 25, 2005.

On November 8, 2004, at around 6.45pm, when the deceased was returning home, a tipper truck dashed the motorcycle. The nature of the injuries sustained by the motorcyclist lead to his death on the spot. The accident was registered at the Ponda police station on November 9, 2004, and the tipper truck diver was booked under Sections 279, 304(A) IPC.

The insurance company repudiated the claim for 2 lakh by a letter dated June 6, 2005, stating that their claim cannot be entertained since there was breach of policy conditions and Rule 3 of Central Motor Vehicle Rules, 1989. The company stated that the deceased was holding a learner's license which cannot be termed to have been an effective license and that learner's license holder or a temporary license holder, according to them would not be covered by the insurance policy.

Writing the order on behalf of the forum, president Jayant Prabhu and member Savita Kurtarkar observed from the FIR and other documents placed on record that the deceased was the only rider of the motor cycle without any pillion rider.

"As such, it becomes clear that a person could be said to be driving a vehicle with a valid driving license only when the driver who is having a learner's license is accompanied by a person who is having a valid driving license," read the order.

Kadam, a resident of Bicholim, had filed a complaint under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against New India Assurance Company praying for a sum of 2 lakh along with 18% interest and also for a sum of 50,000 towards costs and legal expenses.

Comments

Post a Comment

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more

Court approached in the early stages of arbitration will prevail in all other subsequent proceedings

In National Highway Authority of India v. Hindustan Steelworks Construction Limited, the Hon'ble Delhi High Court opined that once the parties have approached a certain court for relief under Act at earlier stages of disputes then it is same court that, parties must return to for all other subsequent proceedings. Language of Section 42 of Act is categorical and brooks no exception. In fact, the language used has the effect of jurisdiction of all courts since it states that once an application has been made in Part I of the Act then ―that Court alone shall have jurisdiction over arbitral proceedings and all subsequent applications arising out of that agreement and arbitral proceedings shall be made in that Court and in no other Court. Court holds that NHAI in present case cannot take advantage of Section 14 of the Limitation Act, 1963 for explaining inordinate delay in filing present petition under Section 34 of this Act in this Court.
Post a Comment
Read more

No Rebate For Stamp Duty Paid In Another State - Bombay HC

A three judge bench of the Hon'ble Bombay High Court (Bombay HC) in a recent judgment in the matter of Chief Controlling Revenue Authority, Maharashtra State, Pune and Superintendent of Stamp (Headquarters), Mumbai v Reliance Industries Limited, Mumbai and Reliance Petroleum Limited, Gujarat1 has held that orders in case of a scheme of arrangement under Section 391 to 394 of the Companies Act, 1956 (Act) involving different High Courts in multiple states, are separate instruments in themselves. Accordingly, stamp duty would be payable on all the orders (and consequently, all the states) without the benefit of remission, rebate or set-off.
Post a Comment
Read more