Mumbai: The State Consumer Disputes Redressal Commission, Maharashtra, Mumbai, has dismissed an appeal filed by The Oriental Insurance Co. Ltd. and upheld the order of the District Consumer Commission, Kolhapur, which had directed the insurance company to compensate Gita Sunil Ringane, widow of the late Sunil Ringane.
Commission Orders Compensation With Interest And Damages
The Commission presided by Justice S P Tavade, affirmed the lower forum’s order, directing the insurer to pay Rs 1,50,000 along with 6% interest per annum from the date of repudiation, on a non-standard basis. Additionally, the company has been ordered to pay Rs 5,000 for mental agony and Rs 3,000 towards litigation costs.
Background Of The Case
The case arose from a consumer complaint filed after the death of Sunil Ringane, a farmer, who died in a road accident on June 7, 2017, when a dumper allegedly rammed into his motorcycle near Gokul Dairy, Kaneri Village. An FIR was lodged against the dumper driver.
Claim Rejected Over Expired Driving Licence
Ringane’s wife subsequently filed an insurance claim, which the company repudiated on the grounds that the deceased did not possess a valid and effective driving licence on the date of the accident. The insurer argued that Ringane’s driving licence had expired on February 2, 2017, and had not been renewed before his death on June 7, 2017 — thereby breaching a key policy condition.
District Commission Rejected Insurer’s Argument
The District Commission had rejected the insurer’s stand, following which the company challenged the order before the State Commission.
Commission Cites Supreme Court And High Court Rulings
While hearing the appeal, the Commission focused on whether the complainant was entitled to compensation despite the alleged policy breach. It noted that the complainant had established that the deceased was not at fault, and the dumper driver was solely responsible for the accident.
The Commission relied on the Supreme Court judgment in Jitendra Kumar vs. Oriental Insurance Co. Ltd., which held that if the driver did not contribute to the accident, the insurer cannot repudiate the claim merely because the driving licence had expired.
It also referred to the Bombay High Court (Goa Bench) ruling in National Insurance Co. Ltd. vs. Salouni Subhashchandra Nagzarkar & Ors., which stated that if a licence was not renewed but the person was otherwise authorized to drive, the insurer could not avoid liability unless the breach was so fundamental as to contribute to the accident.
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Commission Grants Relief To Widow
Concluding the case, the State Commission observed that Sunil Ringane had not contributed in any manner to the accident, and since the dumper driver was held responsible, his widow was entitled to receive compensation on a non-standard basis.
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