ORDER

25.07.2023

MS. NIPUR CHANDNA, MEMBER

1. The complainant has filed the present complaint alleging the deficiency in service on the part of OP. The brief facts of the case are that the deceased husband of the complainant is the registered owner of the vehicle bearing No. DL-11CB-2881  insured with the OP w.e.f. 29.07.2020 to 28.07.2021. On 25.02.2021, Mr. Askshay Kumar Rai husband of complainant passed away leaving behind his wife and three children as his legal hier. It is alleged by the complainant that she informed the OP Ins. Co. through OP2 regarding the death of her husband and requested to renew the policy in question. It is alleged by the complainant that the OP2 again renewed the policy in question for the period from 29.07.2021  to 28.07.2022. It is further alleged by the complainant that the OP2 followed the same procedure of renewal of the policy and renewed the policy from OP1 for the period from 29.07.2022 to 28.07.2023. It is alleged by the complainant that on 24.08.2022 the vehicle was taken over by OP2 for service and on 10.10.2022 at 3:25 AM the vehicle got stolen and the FIR bearing No.029272 dated 10.10.2022 was lodged at E-police station Shahbad Dairy Outer North. It is alleged by the complainant that she approached OP Ins. Co. and lodged the claim in question. She further provided all the relevant documents to OP1 Ins. Co. as and when demanded. Vide letter dated 15.03.2023 OP1 Ins. Co. repudiated her claim under the pretext of condition 9 of the policy terms and conditions. The complainant approached OP Ins. Co. on various occasion and also served legal notice dated 18.04.2023 upon OPs thereby directing them to settle the claim in question but all in vain. Being aggrieved by the conduct of OP complainant approached this commission for redressal of her grievance.

2. We have heard the argument advance at the bar on behalf of complainant and have perused the record.

3. Admittedly, the husband of the complainant died on 25.02.2021, the policy in question was issued for the period from 29.07.2022 to 28.07.2023 in the name of Sh. Akshay Kumar Rai deceased husband of the complainant.  The RC of the vehicle in question is also in the name of deceased Akshay Kumar Rai. At the time of making the proposal for the insurance, the insured had already died and the insurance policy was obtained in the name of dead person so, it was not a valid contract. There is no privity of the contract between the complainant and Ins. Co. Although the complainant has pleaded that she had already informed OP2 regarding the demise of her husband but after due consideration we do not find the aforesaid avernments of the complainant to be convincing and legally sustainable in the light of lack of documentary evidence.

4. It is a settled law that insurance policy cannot be issued in the name of dead person. Since the insurance policy is nothing but a contract, legally speaking there cannot be any contract with a dead person.

5. Our view find support from the judgment of Hon’ble National Commission titled as Manjit Kaur Vs National Insurance Company Ltd. in the matter of (2013) CJ-166 wherein it was held as under :-

where the registered owner of the truck was already dead, insurance policy with regard to truck could not have been issued in the name of dead person. As such, the contract/insurance policy is void ab-initio and the said insurance contract cannot be enforced.

6. In view of the above discussion as well as the citation referred hereinabove we are of the considered view that there is no privity of contract between the complainant and insurance company and as the policy in question is issued in the name of dead person the contract of insurance is void ab-initio and not enforceable. We, therefore find no merits in the present complaint. Same is hereby dismissed.

7. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry.

Order be uploaded on www.confonet.nic.in.

Announced in open Commission on 25.07.2023.

SANJAY KUMAR                 NIPUR CHANDNA                          RAJESH            

PRESIDENT                                    MEMBER                              MEMBER