Haryana

StateCommission

A/548/2016

BHARTI AXA GEN.INSURANCE CO. - Complainant(s)

Versus

JAISHREE - Opp.Party(s)

INDERJIT SINGH

07 Dec 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

         

                                       

First Appeal No  :       548 of 2016

Date of Institution:      14.06.2016

Date of Decision :      07.12.2016

 

Bharti AXA General Insurance Company Limited, Big Jos, 2^nd Floor, A-8, Netaji Subhash Place, Pitampura, New Delhi -110034 through Ms. Shivali Sharma, Senior Executive-Legal Claims, available at Bharti AXA General Insurance Company Limited, Mercantile House, 7^th Floor, 15, Kasturba Gandhi Marg, Connaught Place, New Delhi-110001.

                             Appellant-Opposite Party

 

Versus

Jaishree wife of late Ramesh Kumar, resident of House No.301/26, Palika Colony, Quilla Mohalla, Bahadurgarh, District Jhajjar, Haryana.

Respondent-Complainant

 

 

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

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                                                                                                                                          

Argued:                Shri Inderjit Singh, Advocate for appellant.

                             Shri Saurav Dalal, Advocate on behalf of Shri Kamal Mor, Advocate for respondent-complainant.

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

          A car bearing registration No.HR13D-8510 owned by Jaishree-complainant was insured with Bharti AXA General Insurance Company Limited -opposite party (for short ‘Insurance Company’) from September 15^th, 2013 to September 14^th, 2014.  On June 12^th, 2014, there was heavy rain and a tree fell on the car.  The car was damaged. 

2.      Jaishree-complainant filed complaint before the District Consumer Disputes Redressal Forum, Jhajjar (for short ‘District Forum’) seeking compensation of Rs.1,12,000/- on account of damage caused to the car. 

3.      The Insurance Company, in its written version pleaded that during investigation, it was found that registration certificate was in the name of complainant but insurance policy was in the name of her husband, that is, Ramesh Kumar.  Ramesh Kumar died on February 15^th, 2010, that is, about more than four years ago.  At the time of making proposal for the insurance, the insured had already died and insurance policy was obtained in the name of a dead person, so, it was not a valid contract and the Insurance Company was not liable to pay any compensation to the complainant.

4.      The District Forum vide impugned order dated April 22^nd, 2016 allowed the complaint directing the Insurance Company to pay Rs.1,12,000/- with interest at the rate of 9% per annum from the date of loss till its realization and Rs.5500/- litigation expenses, to the complainant.

5.      Against the aforesaid order, the Insurance Company has filed the present appeal.

6.      It is not in dispute that Ramesh Kumar (since deceased) was the registered owner of the car in question. He died on February 15^th, 2010 vide Death Certificate (Exhibit R-8).  The complainant got the registration certificate transferred in her name.  The car was insured with the Insurance Company from September 15^th, 2013 to September 14^th, 2014 in the name of deceased Ramesh Kumar.  On June 12^th, 2014, the car was got damaged due to falling of tree.  In United India Insurance Company Limited Vs. Rakhwant Singh, 2016(2) C.P.J. 678, Hon’ble National Consumer Disputes Redressal Commission, New Delhi has held as under:-

          “5. Perusal of insurance policy reveals that insurance policy was issued in name of Dr. (Mrs.) Sunita Yadav for a period of one year from 10.01.2002 to 09.01.2003 and it appears that later on vehicle was purchased by complainant before accident. Admittedly, insurance policy has not been transferred in the name of complainant. Learned counsel for the petitioner has place reliance on judgment of this Commission in I(2009) CPJ 158 (National Commission) – Madan Singh v. United India Insurance Co. Ltd. & Anr., in which while following judgment of Hon'ble Apex Court in Complete Insulations (P) Ltd. v. New India Assurance Co. Ltd. held that if policy is not transferred in favour of complainant, complainant had no insurable interest in vehicle on date of accident, so complaint was dismissed. It was further observed that complainant suppressed material fact of transfer of vehicle in his name and insurance of vehicle in name of previous owner he was not entitled to any relief. Same view was expressed by this Commission in Revision Petition No. 912 of 2011 – Chandresh Rameshchandra Dave v. National Insurance Co. Ltd. Hon'ble Apex court in Civil Appeal No. 1816/1982 – G. Govindam v. New India Assurance Co. Ltd., while placing reliance on judgment in Complete Insulations (P) Ltd. v. New India Assurance Co. Ltd. 1996(1) SCC 221 observed that transferee of the vehicle is not entitled to compensation for damage of vehicle in absence of transfer of policy in his name.

          6. In the light of aforesaid judgments it becomes clear that complainant who did not get insurance policy transferred in his name after purchase of vehicle was not entitled to claim compensation on account of loss to the vehicle due to accident and learned District Forum committed error in allowing complaint and learned State Commission further committed error in allowing appeal partly.”

 

Since Ramesh Kumar, husband of the complainant died on February 15^th, 2010, the insurance policy could not have been purchased in the name of dead person.  This being so, there was no privity of contract between complainant and the Insurance Company. 

7.      In this view of the matter, the District Forum fell in error in allowing the complaint.  Hence, the appeal is accepted, impugned order is set aside and the complaint is dismissed.

8.      The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

Announced 07.12.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

UK