Haryana

StateCommission

A/583/2017

NAVEEN SINGH - Complainant(s)

Versus

FUTURE GENERALI INDIA INSURANCE CO. - Opp.Party(s)

N.K.MALHOTRA

14 Sep 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

         

                                       

                                     First Appeal No  : 1254 of 2016 & 583 of 2017

Date of Institution:  22.12.2016 & 15.05.2017

                                     Date of Decision:   14.09.2017

 

 

Appeal No.1254 of 2016

 

 

 

Future Generali India Insurance Company Limited, 1^st Floor, HDFC Bank, Civil Road, Model Town, Rohtak-124001 having its Registered Office at 3^rd Floor, Kailash Building, Kasturba Gandhi Marg, New Delhi-110001 through its Legal Executive Abhilash.

                             Appellant-Opposite Party

Versus

 

Naveen Singh son of late Sh. Jagbir, resident of Village Nimana at present Paharipur, District Jhajjar.

Respondent-Complainant

 

 

Appeal No.583 of 2017

 

 

Naveen Singh son of late Sh. Jagbir, resident of Village Nimana at present Paharipur, District Jhajjar.

Appellant -Complainant

Versus

 

Future Generali India Insurance Company Limited through its Manager, 1^st Floor, Shehnai Banquet Hall, 98-101, Civil Road, Rohtak-124001.

Respondent-Opposite Party

 

 

CORAM:   Hon’ble Mr. Justice Nawab Singh, President.

                   Shri Balbir Singh, Judicial Member.

 

 

Argued by:          Mr. Vishal Aggarwal, Advocate for Future Generali India Insurance Company Limited-opposite party

                   Mr. N.K. Malhotra, Advocate for respondent-complainant.

 

                                                   O R D E R

 

 

 

 

 

 

NAWAB SINGH J.(ORAL)

 

          This order disposes of afore-mentioned two appeals bearing No.1254 of 2016 filed by Future Generali India Insurance Company Limited-opposite party (for short, ‘Insurance Company’) and 583 of 2017 filed by Naveen Singh-complainant because they have arisen out of common order dated November 10^th, 2016 passed by District Consumer Disputes Redressal Forum, Rohtak (for short, ‘District Forum’) whereby it directed to pay Rs.14,50,000/-, that is, 75% of the Insured Declared Value (I.D.V) of vehicle bearing registration No.HR63-4921 on account of theft of vehicle on September 17^th, 2011.

2.      Jagbir Singh-deceased, father of Naveen-complainant was owner of vehicle bearing registration No.HR63-4921.  The vehicle was insured with the Insurance Company from December 09^th, 2010 to December 08^th, 2011.  The IDV of the vehicle was Rs.14,50,000/-.  On September 17^th, 2011 the vehicle was snatched. Jagbir Singh died on February 17^th, 2011, that is, prior to the date of incident.  The complainant filed claim with the Insurance Company but the same was repudiated by the Insurance Company on the ground that the registration certificate and insurance policy were not got transferred by the complainant in his name from the name of his father Jagbir Singh.   

3.      The question arises for consideration is as to whether the complainant was entitled to seek compensation of the vehicle without getting the registration certificate and insurance policy transferred in his name?

4.      Condition No.10 of the insurance policy reads as under:-

          “10    In the event of the death of the sole insured, this policy will not immediately lapse but will remain valid for a period of three months from the date of the death of insured or until the expiry of this policy (whichever is earlier).  During the said period, legal heir(s) of the insured to whom the custody and use to the Motor Vehicle passes may apply to have this Policy transferred to the name(s) of the heir(s) or obtain a new insurance policy for the Motor Vehicle.”

 

5.      During the above said period of three months, the complainant neither apply for transfer of the policy nor for transfer of registration certificate of the vehicle in his name.

6.      Hon’ble National Commission in New India Assurance Co.Ltd. Versus A. Kalavathi, 2013(1) C.P.J. 396, held that one Armugam was the owner of vehicle which was insured for a period from May 30^th, 2008 to May 29^th, 2009. Armugam died on July 12^th, 2008. The vehicle met with an accident on March 19^th, 2009. The claim lodged by the widow for loss to the vehicle, was repudiated. Complainant filed Consumer Complaint before District Forum which was allowed. The order was affirmed in appeal by State Commission. In revision, Hon’ble National Commission set aside the order of the District Forum and State Commission observing as under:-

“In view of the provisions of the Motor Vehicles Act and the Tariff Regulations and the decisions of the Supreme Court, if the transferee fails to inform the Insurance Company about transfer of the Registration Certificate in his name and the policy is not transferred in the name of the transferee, then the Insurance Company cannot be held liable to pay the claim in the case of own damage of vehicle. Petitioner Insurance Company was justified in not settling the claim.”

7.      In view of the legal position enunciated above, it is unhesitatingly held that the Insurance Company rightly repudiated the claim of the complainant because the complainant failed to get the policy transferred in his name within a period of 90 days as stipulated in Condition No.10 of the policy.  He also did not get the registration certificate of the vehicle transferred in his name. This being so, there was no privity of contract between complainant and the Insurance Company.   In this view of the matter, the District Forum fell in error in allowing the complaint.   Hence, the appeal No.1254 of 2016 filed by the Insurance Company is accepted, impugned order is set aside and the complaint is dismissed. The appeal No.583 of 2017 filed by the complainant is dismissed.

8.      The statutory amount of Rs.25,000/- deposited at the time of filing the appeal No.1254 of 2016 be refunded to the Future Generali India Insurance Company Limited-appellant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

9.      Certified copy of this order be placed in the file of Appeal No.583 of 2017.

 

Announced 14.09.2017

(Balbir Singh) Judicial Member

(Nawab Singh) President

UK