West Bengal

Bankura

CC/36/2022

Mayna Khan - Complainant(s)

Versus

Bajaj Allianz General Insurance Company Limited - Opp.Party(s)

Tapan De

31 Aug 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No.36 /2022

Date of Filing: 29-11-2022

Before:                                        

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

 

For the Complainant:  Ld. Advocate  Tapan De

For the O.P: Ld. Advocate  Chandi Charan Adhvaryyu

 

Complainant  

Mayna Khan, W/O Shyamapada Khan, Vill-Santara, P.O.Sadhudal,P.S. Koktulpur, District- Bankura, PIN-722 154, Mob-9641930445

Opposite Party

1.Bajaj Allianz General Insurance Company Limited, 3^rd Floor, Block-B, Eco Space, Plot No.II/F/B, New Town,Rajarhat, Kolkata- 700 160, Registered & Hea Office: Bajaj Allianz House, Airport Road, Yerawada, Pune- 411 006                                                                                                                                                                  

2.Sri Sudip Majumder, Authorized Signatory, Bajaj Allianz General Insurance Co. Ltd, 3^rd Floor, Block-B, Eco Space, Plot No.II/F/B, New Town,Rajarhat, Kolkata- 700 160                                                                                                                                                                    

 FINAL ORDER / JUDGEMENT 

Order No.08

Dated:31-08-2023

Both parties file hazira through advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that  he is a registered owner of a Four Wheeler Goods Vehicle bearing Registration No.WB 67 B 2542 insured with O.P./Insurance Co. Policy No. being        OG-21-2467-1803-00000117 valid from 07/11/2020 to 06/11/2021. On 26/10/2021 at 2 p.m. the said Vehicle met with a road accident while returning towards Bishnupur from Asansol on the way at Birai due to foggy weather and as a result of such accident the Vehicle was badly damaged requiring immediate repairs and service at the expense of Rs.2,50,000/- at a Private Service Centre. The Complainant duly lodged the claim application for re-imbursement of the said amount from the O.P. but it was repudiated solely on the ground that on the date of accident the Complainant was not the Owner of the said Vehicle as it was sold to O.P. No.4 Mr. Sumanta Sil on 14/11/2018 long prior to the accident by executing a document of sale on 14/11/2018.

                                                                                                                                                                                      Contd……p/2

Page: 2

The O.P. contested the case by filing a written version raising the same plea that the Complainant is not entitled to get the relief in this case as he has already sold the Vehicle to one Sri Sumanta Sil on 14/11/2018 long prior to the accident.

-: Decision with reasons: -

Having regard to the facts of the case, contention, submission and documents on both sides   the Commission finds that admittedly the Complainant sold the Vehicle in question to one Sri Sumanta Sil, O.P. No.4 on 14/11/2018 but the fact that even after transfer of such Ownership the Complainant continues to be the Registered Owner  thereof and Insurance Policy also stands in her name at the relevant time of accident and the EMI is also being paid to the Financer by the Complainant.

Now the question is whether the Complainant is entitled to get the insurance claim as prayed for. In support of the contention Ld. Advocate appearing for the Complainant has referred to a Supreme Court decision dated:18/06/2020 in C.A. No.2632 of 2020 (Surendra Kumar Bhilwa Vs. New India Assurance Co.) where in a similar case the Supreme Court has held that so long the claimant is the registered Owner and the Insurance Policy stands in her name having not been transferred in favour of the Transferee Owner such  Claimant/Transferor is entitled to get the Insurance claim for the damaged Vehicle in the road accident. Added O.P. No.4/Transferee Owner has not come forward to stake any Insurance claim in this case.

Ld. Advocate for the O.P. Insurance Co. could not show any decision in support of his contention that Transferor / Registered Owner is not entitled to get any Insurance claim for the damaged Vehicle if the ownership of Vehicle is transferred. He has referred to Section-157 of the Motor Vehicle Act, 1988 where it is provided that the Insurance Policy will automatically stand transferred to the Transferee Owner in case of transfer of ownership of the Vehicle and as such with the transfer of ownership by execution of the document dated: 14/11/2018 and with the automatic transfer of Insurance Policy  by the deeming provision of Section-157 of  the Motor Vehicles Act, 1988 the present Complainant ceases to be the Owner of the Vehicle in question having no right to lodge and get the Insurance claim for the damaged Vehicle. Be it metioned here that the deeming provision as regards transfer of Insurance Policy as provided in Section-157 of M.V. Act, 1988 applies to Third Party claim only and not to any First Party claim like the present case.

Ld. Advocate for O.P./Insurance Co. has referred to the surveyor’s report where the assessed value of the damaged vehicle was shown as Rs.64,205/- but the Commission cannot accept the Surveyor’s report as sacrosanct. Considering the extent of damage and the impact of accident the expenditure bill submitted by the Complainant is quite justifiable and admissible.

                                                                                                                                                                                       Contd….. p/3

Page: 3

It has been held by the Hon’ble NCDRC in Oriental Insurance Co. Vs. M. Khan reported in 2015 (2)(CPJ)(NC) that if neither Registration Certificate is transferred in the name of  the Transferee nor Insurance Policy stood transferred in the name of the Transferee at the time of the accident the Transferee is not entitled to claim regarding damage to the Vehicle.

In view of the clear position of law as enunciated by the Apex Court and the Hon’ble NCDRC the Commission is of the view that unless the Registration Certificate is transferred along with the Insurance Policy in favour of the Transferee in accordance with law the Complainant/Transferor shall continue to be the Registered Owner thereof so as to get the Insurance claim in all First Party cases like the compensation for damaged Vehicle or death or injury of the Insured.

Accordingly the case succeeds.

Hence it is ordered……..

That the case be and the same is allowed in contest but without cost.

O.P./Bajaj Allianz General Insurance Co. Ltd. is directed to pay to the Complainant Rs.2,50,000/- as the compensation for her damaged Vehicle within a fortnight from this date I/D law will take its own course.

Both parties be supplied copy of this Judgement free of cost.  

 

 ____________________                _________________          _________________

HON’BLE   PRESIDENT           HON’BLE MEMBER       HON’BLE MEMBER