NCDRC

NCDRC

RP/843/2008

PRATAP SINGH YADAV - Complainant(s)

Versus

ASHOK LEYLAND FINANCE LTD. - Opp.Party(s)

MR. DEVENDRA BHARGAVA

25 Apr 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 843 OF 2008
 
(Against the Order dated 20/12/2007 in Appeal No. 514/2007 of the State Commission Madhya Pradesh)
1. PRATAP SINGH YADAV
RESIDENT OF YADAV BHAWAN, NEAR BHASKAR PRESS, JYENDRAGANJ, LASHKAR,
GWALIOR,
MADHYA PRADESH
...........Petitioner(s)
Versus 
1. ASHOK LEYLAND FINANCE LTD.
THE BRANCH MANAGER ,INDUSTED BANK C/O. ASHOK LEYLAND FINANCE LTD. INDUSTED BANK LTD. 1ST FLOOR, NARAYAN KRISHNA APARTMENT, MAIN ROAD CITY CENTRE
GWALIOR,
MADHYA PRADESH
2. DIVISIONAL MANAGER
UNITED INDIA NATIONAL INSURANCE CO. LTD., OFFICE - CENTRE POINT COMPLEX, PHOOLBAUG,
DISTRICT GWALLIOR,
MADHYA PRADESH
3. M/S TANUSHKA AUTOMOBILES PVT. LTD.
MAIN ROAD, CITY CENTRE,
GWALIOR,
MADHYA PRADESH
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mr. Madhukar Rao, Sr. Advocate with
Mr. A. K. Upadhyay, Advocate
For the Respondent :
NEMO for R-1
Mr. Ravi Bakshi, Advocate for R-2

Dated : 25 Apr 2012
ORDER

Petitioner purchased a motorcycle which was financed by Ashok Leyland Finance Ltd. (Indusind Bank), respondent no.1 herein.  Petitioenr deposited the margin money of Rs.16,930/- and Rs.4,070/- for insurance and RTO office verification.  Policy was issued to him.  The vehicle was purchased on 18.11.1992 which was stolen on 16.09.2003.  Claim lodged by the petitioner was repudiated by the insurance company on the ground that the vehicle had not been

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registered for a period of one year; that the petitioner could not take the vehicle on road without getting it registered in violation of the provisions of the Motor Vehicles Act as well as the terms of the policy.  Being aggrieved petitioner filed the complaint before the District Forum.

          Before the District Forum, separate Written Statements were filed by the financer and the insurance company.

          District Forum partly allowed the complaint and directed the respondent insurance company to pay a sum of Rs.39,000/- to the complainant along with interest @ 8% p.a. w.e.f. 01.05.2004 till date.  Rs.10,000/- were awarded as litigation costs.

          Insurance company being aggrieved filed the appeal before the State Commission.  State Commission allowed the appeal and         set aside the order of the District Forum.  State Commission came to the conclusion that since the vehicle had not been registered, the respondent insurance company was not liable to reimburse the loss of the vehicle.  State Commission relying upon an earlier judgment of the same State Commission held that the insurance company is not liable to pay the compensation in case the vehicle had not been

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registered.  The main question involved in this case is ‘as to whether the insurance company is liable to pay the claim of the theft of the insured vehicle which was not registered with RTO’?  This Commission in a recent judgment in “REVISION PETITION 4043 of 2008 titled as Kaushalendra Kumar Mishra vs. Oriental Insurance Company Limited, II (2012) CPJ 189 (NC)”  has taken the view that the insurance company is not liable to reimburse the loss of the vehicle if the same had not been registered.  The judgment of the State Commission is in line with the judgment of this Commission in the aforesaid case.  We respectfully following the aforesaid judgment dismiss the revision petition with no order as to costs.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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