Haryana

Ambala

CC/130/2014

HARPREET KAUR - Complainant(s)

Versus

ICICI LOMBARD GEN.INSS. - Opp.Party(s)

RAVINDER KUMAR

23 Aug 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 130 of 2014

                                                          Date of Institution         : 19.05.2014.

                                                          Date of decision   : 23.08.2017

 

          Harpreet Kaur d/o late Smt.Taro @ Kartar Kaur (wife of Gurpreet Singh)         resident of village Fatehpur Behra, Tehsil Dera Bassi District SAS Nagar,   Mohali (Pb.)                                                                                                                                                                                                                                     ……. Complainant.

                                                Versus

 

1. ICICI Lombard General Insurance Company limited, registered office, ICICI Bank Towers, Bandra Kurla Complex, Mumbai 400051 (India) through its authorized signatory.
2. Bhupesh Sharma, Manager, ICICI Lombard General Insurance Company Limited SCO 24-25, 1^st Sector 8-C, Chandigarh.
3. ICICI Lombard General Insurance Company Limited through its  agent c/o Associated Automobiles, Shopping Complex, Vikas Vihar Ambala City.

 

….…. Opposite parties.

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER

                   MS. ANAMIKA GUPTA, MEMBER.      

                  

Present:       Sh.Ravinder Kumar, counsel for complainant.

                   Sh. Rajesh Kumar, counsel for OPs.

 

ORDER

                   In nutshell, brief facts of the present complaint are that mother of the complainant namely Smt.Taro @ Kartar Kaur (since deceased) had purchased a new motor cycle Hero Honda Splender Plus, bearing chasis No.MBLHA10EZBHL54660 Engine No.HA10EFBHL49142  Model 2011 from Associated Automobiles, Ambala City and got the same insured with OPs vide policy No.3005/14665319/10020/000 having validity from 09.1.12011 to 08.11.2011. The said motor cycle was given in the marriage of complainant who is only child of Smt.Taro @ Kartar Kaur (since deceased).  Said motor cycle was registered in the name of deceased and was having registration No.HR01aAD-6853. Further averred that the above said motor cycle was lost and an much efforts were made from the date of lost i.e. 26.08.2012 to trace out the same but the same could not be traced out and on the same day the husband of the complainant lodged an FIR bearing No.184 dated 26.08.2012 U/s 379 IPC at Chandi Mandir Police Station.  The police also made efforts to trace out the same but all in vain and lastly the police made their final report to Addl.Chief Judicial Magistrate, Panchkula as “Untraced” which was accepted on 14.03.2014. Thereafter, the complainant submitted claim pertaining to the above said lost vehicle alongwith requisite documents including the affidavit of complainant to the OPs but the OPs did not release the claim to the complainant.  The complainant got served legal notice upon the Ops but to no avail.  The act and conduct of the OPs clearly amounts to deficiency in service and unfair trade practice on their part. Hence, the present complaint.  In evidence, the complainant has tendered affidavit Annexure CX and documents Annexure C1 to Annexure C14.

2.                Upon notice, OPs appeared and filed their joint reply to the complaint wherein it has been submitted that present complaint is misuse of the process of law.  The insurance policy was taken by the mother of the complainant who had died on 18.05.2012 and neither ownership of the vehicle was transferred till the date of loss nor the insurance policy was transferred to the successor heir which is violation of Motor Vehicles Act, 1980. The condition no.10 of the policy says that in the event of 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 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 of the motor  vehicle passes may apply to have this policy transferred to the name of the heir (s) or obtain a new insurance policy for the motor vehicle. Where such legal heir(s) desire (s) to apply for a transfer of this policy or obtain a new policy for the vehicle such heir (s) should make an application to the company accordingly within the aforesaid period. All such applications should be accompanied by Death certificate in respect of the insured, Proof of title to the vehicle and Original policy. This fact was duly intimated to the complainant vide letter NO.MOT/TT/Feb/2013 dated 20.03.2013. The complainant did not provide the transfer of ownership of the vehicle; therefore, the claim has rightly been repudiated. Other grounds have been controverted and prayer for dismissal of the complaint has been made. In evidence, the OPs have tendered affidavit Annexure RX and documents Annexure R1 to Annexure R4.

3.                We have heard learned counsel for the parties and have gone through the case file very carefully.

4.                It is not disputed that the original owner Smt.Taro Devi died on 18.05.2012 as per death certificate Annexure C4 and the vehicle in question was stolen by an unknown person during the subsistence of the policy i.e. 26.08.2012 when the husband of the complainant went to the Gurudwara Shri Nada Sahab alongwith his younger brother.  It is also not disputed that the mother of the complainant (Smt.Taro @ Kartar Kaur) was registered owner of the motor cycle in question.  The legal heir of the deceased was to comply with the condition No.10 of the policy which is under:

condition no.10 of the policy says that in the event of 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 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 of the motor  vehicle passes may apply to have this policy transferred to the name of the heir (s) or obtain a new insurance policy for the motor vehicle. Where such legal heir(s) desire (s) to apply for a transfer of this policy or obtain a new policy for the vehicle such heir (s) should make an application to the company accordingly within the aforesaid period. All such applications should be accompanied by Death certificate in respect of the insured, Proof of title to the vehicle and Original policy.

Perusal of the case file reveals that the legal heir of the deceased had not applied for transferring of the ownership of vehicle within period of three months from the date of death of the original registered owner i.e. 18.05.2012 till the date of occurrence i.e. 26.08.2012 which shows that the  legal heir of the deceased has not complied with the provisions of condition No.10 of the policy, therefore, we are of the considered view that it is clear cut violation of the policy terms. Accordingly, we dismiss the present complaint leaving the parties to bearing their own costs. File be consigned to the record-room after due compliance.

Announced on :23.08.2017                                     (D.N. ARORA)

                                                                                       President

 

    

     (PUSHPENDER KUMAR)

                                                                                       Member

 

                                                         

                                                                   (ANAMIKA GUPTA)                                                                                                             Member