NARINDER SINGH Vs NEW INDIA ASSURANCE COMPANY LTD
Bench: M.Y. EQBAL,PINAKI CHANDRA GHOSE
Case number: C.A. No.-008463-008463 / 2014
Diary number: 24154 / 2013
Advocates: GAUTAM NARAYAN Vs
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REPORTABLE
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.8463 OF 2014 (Arising out of Special Leave Petition (Civil) No.26308 of
2013)
Narinder Singh …Appellant (s)
Versus
New India Assurance Company Ltd. and others … Respondent(s)
JUDGMENT
M.Y. Eqbal, J.:
Leave granted.
2. This appeal by special leave is directed against the
judgment and order dated 12.4.2013 passed by the National
Consumer Disputes Redressal Commission, New Delhi (in
short, “National Commission”) whereby Revision Petition
No.4951 of 2012 of the appellant herein was dismissed
upholding the judgment of the State Consumer Disputes
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Redressal Commission, Shimla (in short, “State
Commission”), which had dismissed the complaint and set
aside the order of the District Consumer Disputes Redressal
Forum, Shimla (in short, “District Forum”) granting the claim
on non-standard basis.
3. The facts of the case lie in a narrow compass.
4. The petitioner-complainant had purchased a Mahindra
Pick UP BS-II 4WD vehicle and got it insured for an amount of
Rs. 4,30,037/- with respondent no.1–M/s. New India
Assurance Company Ltd. for the period 12.12.2005 to
11.12.2006. The vehicle was temporarily registered for one
month period, which expired on 11.1.2006. However, on
2.2.2006, the vehicle met with an accident and got
damaged. The complainant lodged FIR and informed about
it to the respondent-Company, which appointed a surveyor
and assessed the loss at Rs.2,60,845/- on repair basis. The
insurance claim was, however, repudiated by the opposite
party on the ground that the person Rajeev Hetta, who was
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driving the vehicle at the time of the accident, did not
possess a valid and effective driving licence and also the
vehicle had not been registered after the expiry of the
temporary registration. Consequently, the appellant filed a
consumer complaint before the District Forum.
5. After hearing parties on either side and scanning the
record of the case meticulously, the District Forum allowed
the complaint and directed the respondent-Company to
indemnify the complainant to the extent of 75% of
4,30,037/- along with interest at the rate of 9% per annum
thereon with effect from the date of filing of the complaint.
Aggrieved by the decision of the District Forum, Respondent-
Company as well as the appellant-complainant approached
State Commission by way of appeal. The State Commission
by its common order disposed of both the appeals, allowing
appeal of the Company and dismissing the complaint of the
Complainant due to which the appeal preferred by the
appellant-complainant was dismissed as infructuous.
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6. Aggrieved by the decision of the State Commission, the
appellant preferred revision petition before the National
Commission under Section 21(b) of the Consumer Protection
Act, 1986, which also stood dismissed. The National
Commission observed thus:
“We have examined the entire material on record and given our thoughtful consideration to the arguments advanced before us. The State Commission, after a careful examination of the facts of this case and after examining the Licence Clerk of the Theog Licencing Authority came to the conclusion that the licence possessed by Rajeev Hetta had been endorsed for HGV with effect from 20.4.2002, which was valid for three years. The licence was also endorsed for LMV-Transport with effect from 7.6.2003, which was also valid for three years. The accident had taken place on 2.2.2006, on which date the licence for HGV had expired, but it remained valid for LMV-transport. It is clear, therefore, that the driver had a valid and effective licence. However, it is also clear from the facts on record that the temporary registration of the vehicle done by the Registration Authority of UT, Chandigarh had expired on 11.01.2006. At the time of accident on 2.2.2006, the vehicle was being driven without registration, which is prohibited under Section 39 of the Motor Vehicles Act, 1988 and is also an offence under Section 192 of the said Act.”
Hence, present appeal by special leave by the
complainant.
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7. We have heard learned counsel for the
parties.
8. It has been contended on behalf of the appellant that in
case of an accident of a vehicle, when insured, uses the
vehicle contrary to conditions under Section 66 of the Motor
Vehicles Act (in short, ‘Act’) or when the driver is holding
improper licence contrary to requirement under Section 3 of
the Act, claims are required to be dealt on non-standard
basis by insurance companies. It has been further
contended that similar yardstick had to be taken into
account in case of improper registration of vehicle contrary
to requirement under Section 39 of the Act and the claims
ought to be settled on non-standard basis rather than
outright repudiation of policy and rejection of claim in toto.
9. It is the case of the appellant that even when a vehicle
is used without registration having been done, it does not
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amount to violation of any statutory requirement and in such
a case, if the accident takes place, the insured is entitled to
claim benefit under the insurance policy. There is no
statutory bar in insuring the vehicle without registration and
hence there is no bar in making payment of insured sum in
the eventuality of an accident. Appellant submitted that the
Apex Court in the case of Amalendu Sahoo vs. Oriental
Insurance Company Ltd., (2010) 4 SCC 536, has held that
in case of any variation from the policy document/any
breach of the policy document, the Insurance company
cannot repudiate the claim in toto and the claim of the
complainant ought to be settled on non-standard basis. It is
further contended that the main purpose of any
temporary/permanent registration is to have identification of
the vehicle in the records of the Government authorities so
as to identify the vehicle, particularly, in case of any motor
accident and for tracing the owner of the vehicle, and in this
case, there was a temporary registration number (although
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its date expired) affixed on the vehicle, which would lead to
the owner and other details as required in law.
10. Per contra, respondent’s case is that the vehicle can be
driven only after proper registration and in the present case,
the vehicle being driven without registration, which is in
contravention to Section 192 of the Act. Further, there is no
endorsement on the driving licence of Rajiv Hetta for driving
HGV, which was valid up to 20.4.2002, and as such, there is
violation of the terms and conditions of the insurance policy
as the vehicle in question was being driven by a person who
was not authorized to drive the same.
11. We have perused the order passed by the three
Forums. The only issue for consideration is, as to whether
the National Commission is correct in law in holding that the
appellant is not entitled to claim compensation for damages
in respect of the vehicle when admittedly the vehicle was
being driven on the date of accident without any valid
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registration as contemplated under the provisions of Section
39 and Section 43 of Motor Vehicles Act. For better
appreciation, Section 39 and Section 43 which are relevant
are quoted herein below:-
“39. Necessity for registration.—No person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place unless the vehicle is registered in accordance with this Chapter and the certificate of registration of the vehicle has not been suspended or cancelled and the vehicle carries a registration mark displayed in the prescribed manner:
Provided that nothing in this section shall apply to a motor vehicle in possession of a dealer subject to such conditions as may be prescribed by the Central Government.
"43. Temporary registration.—(1) Notwithstanding anything contained in section 40 the owner of a motor vehicle may apply to any registering authority or other prescribed authority to have the vehicle temporarily registered in the prescribed manner and for the issue in the prescribed manner of a temporary certificate of registration and a temporary registration mark." (2) A registration made under this section shall be valid only for a period not exceeding one month, and shall not be renewable:
Provided that where a motor vehicle so registered is a chassis to which a body has not been attached and the same is detained in a workshop beyond the said period of one month
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for being fitted with a body or any unforeseen circumstances beyond the control of the owner, the period may, on payment of such fees, if any, as may be prescribed, be extended by such further period or periods as the registering authority or other prescribed authority, as the case may be, may allow.
(3) In a case where the motor vehicle is held under hire-purchase agreement, lease or hypothecation, the registering authority or other prescribed authority shall issue a temporary certificate of registration of such vehicle, which shall incorporate legibly and prominently the full name and address of the person with whom such agreement has been entered into by the owner.”
12. A bare perusal of Section 39 shows that no person shall
drive the motor vehicle in any public place without any valid
registration granted by the registering authority in
accordance with the provisions of the Act.
13. However, according to Section 43, the owner of the
vehicle may apply to the registering authority for temporary
registration and a temporary registration mark. If such
temporary registration is granted by the authority, the same
shall be valid only for a period not exceeding one month.
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The proviso to Section 43 clarified that the period of one
month may be extended for such a further period by the
registering authority only in a case where a temporary
registration is granted in respect of chassis to which body
has not been attached and the same is detained in a
workshop beyond the said period of one month for being
fitted with a body or unforeseen circumstances beyond the
control of the owner.
14. Indisputably, a temporary registration was granted in
respect of the vehicle in question, which had expired on
11.1.2006 and the alleged accident took place on 2.2.2006
when the vehicle was without any registration. Nothing has
been brought on record by the appellant to show that before
or after 11.1.2006, when the period of temporary
registration expired, the appellant, owner of the vehicle
either applied for permanent registration as contemplated
under Section 39 of the Act or made any application for
extension of period as temporary registration on the ground
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of some special reasons. In our view, therefore, using a
vehicle on the public road without any registration is not only
an offence punishable under Section 192 of the Motor
Vehicles Act but also a fundamental breach of the terms and
conditions of policy contract.
15. In the aforesaid premises, we do not find any infirmity
in the order passed by the State Commission and the
National Commission.
16. For the reasons aforesaid, this appeal has no merit and
is liable to be dismissed.
…………………………….J. [ M.Y. Eqbal ]
…………………………….J [Pinaki Chandra Ghose]
New Delhi September 04, 2014
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