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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.

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