By Smt. C.S. Sulekha Beevi, President,<br /> <br /> 1. Complainant is aggrieved that opposite party repudiated his claim for reimbursement of damages sustained in accident on 13-07-2003 to his autorickshaw KL-10G-1569.<br /> 2. Opposite party filed version stating that the vehicle was insured with opposite party for own damage and third party risk for the period 20-03-2003 to 22-03-2004 in the name of Sri.V.Aboobacker. It is contended that the insured Sri.Aboobacker transferred ownership of the vehicle Sri.Mohammed on 17-03-2003. On the date of accident insured was not the owner and that complainant has not taken any steps to have the insurance transferred to his name. That there in no contract of insurance between complainant and opposite party for the said vehicle. Opposite party has not committed deficiency in service and complaint is liable to be dismissed.<br /> 3. Evidence consists of affidavit filed by complainant and Exts.A1 to A8 marked on his side. On behalf of opposite party Exts.B1 to B5 marked. No oral evidence was adduced by either sides. Points for consideration (i) Whether opposite party is deficient in service? (ii) If so, reliefs and costs.<br /> 4. Opposite party resists the claim for the reason that on the date of accident the policy stands in the name of Sri.V.Aboobacker and not the complainant. Ext.A2 which is the photocopy of the policy proves the contention of opposite party to be true. Ext.A1 is the photo copy of the Registration Certificate of the said vehicle. It shows that ownership of vehicle was transferred to Sri.Mohammed on 17-03-2003 and later transferred to complainant on 4-4-2003. It is established and proved by opposite party that on the date of accident insurance policy stands in the name of Sri.Aboobacker. Complainant has not taken any steps to get policy transferred within the prescribed time. Applying the Principle laid in 1996 CTJ 386 (SC) CP complete Insulations (P) Ltd. Vs. New India Assurance Co. which held that fiction u/s 157 Motor Vehicles Act, 1988, is limited to third party risks and transferee is not a third party qua the vehicle, we hold that opposite party is justified in repudiating the claim. We find opposite party not deficient in service.<br /> 5. In the result, complaint dismissed with no order as to costs.<br /> <br /> Dated this 4th day of March, 2008.<br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> E. AYISHAKUTTY, MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 to A8<br /> Ext.A1 : Photo copy of the Registration Certificate dated, 13-3-2008. <br /> Ext.A2 : Photocopy of the policy dated, 23-3-2003.<br /> Ext.A3 : Photo copy of the First Information Report dated, 16-7-2003.<br /> Ext.A4 : Photo copy of the Inspection report by A.M.V.I. dated, 17-7-2003.<br /> Ext.A5 : Photo copy of the Motor Claim Form dated, 15-7-2003.<br /> Ext.A6 : Registered letter dated, 1-9-2003 sent by opposite party to<br /> complainant.<br /> Ext.A7 : Photo copy of the quotation dated, 22-7-2003 by Vipin Auto Guarage.<br /> Ext.A8 : Photos (3 Nos.) <br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Ext.B1 to B5<br /> Ext.B1 : Photo copy of the Package Policy.<br /> Ext.B2 : Motor Claim Form dated, 15-7-2003 submitted by complainant <br /> to opposite party.<br /> Ext.B3 : Photo copy of the Registration Certificate dated, 13-3-2008. <br /> Ext.B4 : Survey report dated, 8-8-2003 by Mohammed Muneer.K., Surveyor.<br /> Ext.B5 : Copy of the letter dated, 1-9-2003 sent by opposite party to<br /> complainant.<br /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> E. AYISHAKUTTY, MEMBER<br />