The Uttarakhand State Consumer Disputes Redressal Commission recently ruled that vehicle owners will not receive compensation for damage resulting from road accidents in mountainous regions if their driver's license lacks a hill endorsement. This decision was made by a bench comprising of Justice D.S. Tripathi and Udai Singh Tolia, emphasizing the endorsement's importance in challenging terrains.
The case revolves around an incident on June 13, 2020, involving a vehicle owned by Kunwar Singh. Driven by Kishan Singh, the vehicle carrying groceries met an accident in Bageshwar, Uttarakhand, falling into a gorge and causing significant damage. The vehicle was insured with National Insurance Company Limited from October 22, 2019, to October 21, 2020. The insurance company rejected compensation, citing the driver's lack of hill endorsement. The complainant filed a complaint in the District Consumer Disputes Redressal Commission, Nainital.
The complainant argued that the accident resulted from a mechanical failure, not the driver's skill, and that the driver held a valid license. The complainant reported the incident to the police and insurance company, submitting a claim with necessary documents.
The insurance company contested the claim, highlighting the missing hill endorsement, which rendered the driver unauthorized to navigate hilly areas. Previous cases were cited, emphasizing the importance of adhering to regulations in challenging terrains for safety.
The District Commission ruled in favor of the complainant, awarding compensation of Rs 2.25 lakh. Unsatisfied, the insurance company challenged the decision in the State Commission, stating the driver's license lacked hill endorsement, crucial for mountainous regions.
The State Commission observed that the hill endorsement was vital, ensuring safety on challenging terrains, as per Rule 193 of the Uttar Pradesh Motor Vehicles Rules, 1998. It noted the endorsement's significance in regions like Uttarakhand. Without the endorsement, the license was invalid for hilly areas, including the accident location.
Based on presented evidence, the State Commission found Kishan Singh's license lacked endorsement. Thus, the Commission concluded he was unauthorized for hilly areas during the accident, invalidating any claims for accidents in such terrains. Therefore, the State Commission ruled against compensation for damages, emphasizing the importance of adhering to regulations for safety.
The case's reference is Regional Branch Manager, National Insurance Company Ltd. vs Kunwar Singh Dev, Case No. A/159/2022. The Complainant's advocate is Mr. Deepak Ahluwalia, and the advocate for the Opposite Parties is Shailendra Pundir.
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