Haryana

StateCommission

A/876/2014

The Manager, New India Assurance Company Limited - Complainant(s)

Versus

Ashwani - Opp.Party(s)

12 Jul 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

                                                         First Appeal No.876 of 2014

Date of Institution: 24.09.2014 and 07.10.2014

                                                               Date of Decision: 12.07.2016

 

The Manager, New India Assurance Company Limited,  Delhi road Bahadurgarh Distt. Jhajjar, Now through the authorised signatory of Chandigarh Regional Office, SCO No.36-37, Sector 17-A, Chandigarh.

….. Appellant

Versus

 

Ashwani S/o Sh.Shyam Lal R/o VPO Dadri Toye Tehsil & Distt. Jhajjar.

                                      …..Respondent

 

CORAM:             Mr. R.K.Bishnoi, Judicial Member.

                             Mrs. Urvashi Agnihotri, Member.                                                                                                                                        

Present:              Shri R.C.Gupta, Advocate counsel for appellant.

Shri Chander  Shekhar proxy counsel for   Mr.S.P.Chahar, Advocate for respondent.

 

                                                   O R D E R

R.K.BISHNOI, JUDICIAL MEMBER:-

          It is alleged by complainant that his vehicle bearing registration No.HR-48-9317 was insured with appellant/Opposite party (O.P.) and policy was valid from 08.06.2011 to 07.06.2012. The insured value was Rs.4,50,000/-.  On 13.05.2012 his vehicle was stolen and FIR was registered on that very day. He submitted claim, but, the same was repudiated without any reasonable ground.

2.      It was alleged by O.P. that insurance policy was in the name of Rajesh Kumar on the date of incident and complainant was not having any insured interest therein. 

3.      After hearing both the parties, learned District Consumer Disputes Redressal Forum, Jhajjar (In short “District Forum”) allowed the complaint vide impugned order dated 12.08.2014 on the ground that as per section 157 of Motor Vehicle Act, 1988 (In short “M.V.Act”) the insurance policy is automatically transferred and directed OP/appellant to pay insured value  alongwith interest besides litigation expenses etc.

4.      Feeling aggrieved therefrom, O.P./appellant has preferred this appeal.

5.      Arguments heard. File perused.

6.      Learned counsel for the complainant vehemently argued that from the perusal of Ex.P-3 it is clear that the car in question was transferred in the name of Ashwani i.e. complainant on 05.03.2012, in this way the complainant was having insurable right on the date of incident, so learned District Forum rightly came to conclusion that policy was automatically transferred and granted compensation as mentioned above, so the appeal be dismissed.

7.      This argument is of no avail.  It is admitted fact that the complainant did not inform insurance company about transfer of vehicle and insurance policy, copy of which is Ex.P-4, was existing in the name of previous owner Rajesh Kumar.  As per opinion of Hon’ble National Commission expressed in Sandeep Gupta Vs. United India Insurance 2014 (1) CLT 531 if transferee fails to inform insurance company about the transfer of registration certificate in his name and the policy is not registered in the name of transferee then the insurance company cannot be held liable to pay the claim in case of own damage of the vehicle.  This case is squarely covered by the opinion of Hon’ble National Commission expressed in the aforesaid case. Section 157 of M.V.Act is applicable in case of third party interest and not own damage as opined by Hon’ble Supreme Court in M/s Complete Insulations (P) Ltd. Vs. New India Assurance Co. Ltd. AIR 1996 Supreme Court 586.  Learned District Forum failed to take into consideration this aspect, so impugned order dated 12.08.2014 cannot be sustained and the same is hereby set aside. Resultantly appeal is allowed and complaint is dismissed.

8.      The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

July 12th, 2016           Urvashi Agnihotri                    R.K.Bishnoi,                                                                           Member                                  Judicial Member                                                                     Addl. Bench                            Addl.Bench                

S.K.