The complainants Ashim Kr. Nayak and Madhabilata Ghosh jointly filed a petition U/s 12 of the Consumer Protection Act, 1986. The complaint, in brief, is that complainant No.1 purchased a Swift Maruti Car and he took insurance policy on it. Later, complainant No. 1 sold the vehicle to complainant No.2. Complainant No.2 applied for registration of transfer of the vehicle to R.T.A. In the meantime the car met with an accident. The car was severely damaged. Complainant No.2 informed the insurance company and police immediately. Having no knowledge about the completion of registration both complainants submitted their claim forms along with all documents separately. The O.P Insurance Co. appointed a surveyor and as per instruction of the surveyor the car was repaired. After that, the O.P did not consider the claim and repudiated it.
O.Ps No. 1 and 2 appeared and jointly contested the case by filing W.V. They stated that as per law the policy certificate was not transferred in favour of complainant No.2 who purchased the car. Moreover, at the time of accident the driver had no effective driving license. The Insurance Co. is not liable to pay any claim amount to the complainants in view of the terms and conditions of the insurance policy.
Both parties have filed certain documents in favour of their statements.
Perusing the record and hearing Ld. Advocates of both sides it is seen that there is no dispute on the point of accident. Admitted fact is that complainant No. 1 had purchased an insurance policy on his car and he sold the car to complainant No.2 on 31.01.2012 (as per O.Ps’ letter to complainant No.1). Complainant No.2 did not inform the O.P of transfer of ownership as she did not get registration certificate till 20.03.2012. Accident took place on 13.02.2012.
The dispute has been raised on the point of ownership and effective driving license. As per O.Ps complainant No.2 who purchased the car from complainant No.1 did not inform the O.P. for transfer the name of the owner within stipulated period. Therefore, complainant No.2 has no right to claim policy amount. On the other hand, complainant No.1 sold the car to complainant No.2 on 31.01.2012 and the accident took place on 13.02.2012. So, complainant No.1 had no ownership of the car at the time of accident. He could not claim the policy amount.
Under the provision of the Motor Vehicles Act 1988 the registered owner of the vehicle should have informed the transport authority about the sale of the vehicle and the purchaser should have sought the incorporation of her name in the R.C as the transferee owner. Further in order to avail the benefit of insurance the purchaser should have informed the insurance company within 14 days of its purchase u/s 157(2) of the Motor Vehicles Act 1988.
In this case the complainant No.1, seller of the vehicle informed the transport authority about sale of the vehicle. Complainant No.2, purchaser of the vehicle also applied for incorporation of her name in the R.C as the transferee owner. The purchaser did not inform the insurance company till the date of accident. We cannot say that the terms and conditions u/s 157(2) of the Motor Vehicles Act 1988 has been violated, because 14 days had not elapsed when the accident occurred on 13.02.2012. As per O.Ps letter to complainant No.1 the date of purchase of the motor car was 31.01.2012 i.e. one day was till due to be completed 14 days. Hence, the ownership remained in favour of complainant No.1 in the policy certificate. Complainant No.1 was registered owner on the date of accident. Ownership remained unchanged until registration was completed on behalf of the purchaser who applied for incorporation of her name in the R.C as the transferee owner. It is also seen from the documents filed by the complainant that the driver had valid driving license being No. WB 54-001964 valid upto 30.12.2014.
From the above discussion it is clear that complainant No.2 is not entitled to get the claim as she was not transferee owner as per policy certificate. But complainant No.1 was the registered owner as per R.C and also owner of the vehicle in the policy certificate. The policy was valid on the date of accident. Accordingly, he filed claim form. The O.Ps as per his claim, appointed surveyor. Complainant spent Rs. 1,22,643/- for repair of the vehicle as per direction of the surveyor. So, the claim must be settled in favour of complainant No.1.
O.P has filed certain reported case but this is not applicable to the instant case.
The case is succeed in favour of complainant No.1.
Proper fees have been paid.
Hence,
O R D E R E D
that C.F case No. 21/2014 be and the same is allowed on contest against the O.Ps.
The O.Ps shall pay jointly and severally Rs. 1,22,643/- and Rs. 5,000/- as litigation cost to complainant No.1 within two months from the date of this order, failing which necessary action against the O.Ps may be taken under the law.
Copy of this order be supplied to the parties each free of cost.
(Dr. S. Sikder Member) (Miss. R. Mukherje\ Sr.Member) (Abdul Quader President)
