KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISISON VAZHUTHACAD, THIRUVANANTHAPURAM APPEAL NO. 516/2009 JUDGMENT DATED: 12.8.2010 PRESENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.S.CHANDRAMOHAN NAIR : MEMBER SRI.M.K.ABDULLA SONA : MEMBER The Manager, : APPELLANT National Insurance Company Ltd., Pulimoottil Shopping Arcade, Thodupuzha. (By Adv.Rajan.P.Kaliyath) Vs. M.G.Rajan, : RESPONDENT Arackal House, Vengalloor Post, Thodupuzha. (By Adv.Suja.R) JUDGMENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT The appellant is the opposite party /Insurance co. in CC.230/08 in the file of CDRF, Idukki. The appellant is under orders to pay a sum of Rs.24845/- to the complainant with interest at 12% per annum from the date of complaint and Rs.2000/- as cost. 2. It is the case of the complainant that he is a retired Govt. employee and he purchased a new Maruthi Alto car in the name of his daughter and had coverage from 6.5.08 to 5.5.09. On 28.8.08 the vehicle met with an accident and sustained serious damage. The estimate for repair amounted to Rs.40000/-. The R.C book of the vehicle was in the name of his daughter which was subsequently transferred in the name of the complainant. The opposite party repudiated the claim. In the version filed the opposite party has contended that on the date of the accident the complainant was not the RC owner of the vehicle. The registration of the vehicle was transferred in the name of the complainant only with effect from 27.5.08 As per GR 17 of Indian Motor Tarif package motor policy should be transferred in the name of the registered owner within 14 days of the transfer of the vehicle in the R.C.book. The surveyor deputed has assessed the loss as Rs.24845/-. The opposite parties are not liable as on the date of the accident the vehicle is not in the name of the complainant. 3. The evidence adduced consisted of the testimony of PW1/complainant; Exts. P1 to P4 and R1 andR2. 4. The only question is with respect to liability to the opposite party/insurer. The insurer/appellant has relied on GR 17 of the Indian Motor Tariff which is with effect from 30.6.02. Evidently the policy was transferred after 92 days of transfer of the vehicle. The counsel for the appellant relied on the decision of the National commission in RS.No.4387/09 unloaded from internet. Therein the National Commission has considered the impact of GR 17 as well as the decision of Narayan Singh Vs New India Assurance Co.Ltd., IV (2007) CPJ 289 (NC) and also the decision Oriental Insurance Co. Ltd. Vs Om Prakash Gupta and another,1 (2009) CPJ 183(NC) as well as the implication of section 157 of the Motor Vehicle Act. It was pointed out that the decisions cited was on the basis of the erstwhile provision ie, GR10 of the Indian Motor Tariff which was superseded by GR 17. It was held that it is specifically provided in GR 17 that once motor vehicle is transferred the transferee shall apply within 14 days from the date of transfer providing all the details to the insurance company seeking transfer. It is also provided that in case of package policies, the transfer of “own damage” section of the policy shall be made only on receipt of a specific request along with the consent of the transferor. It is also provided that the no claim bonus as such shown in the former policy as such will not be available to transferee; and further fresh proposal form is also be furnished. It is provided that in the case of transfer of package policy the same will be done only on getting acceptable evidence of the sale and fee for Rs.50/- will be collected for issuing fresh certificate in the name of transferee. It was also mentioned that Section 157 of the Motor Vehicle Act as to deemed transfer is restricted to 3rd party only vide the decision of the Supreme Court in Complete Insulations(P) limited Vs. New India Insurance Co. Limited, 1996 I SCC 221. It was held that the complainant had no insurable interest under the policy. 5. In the instant case restrictly in the light of the decision of the National Commission the complainant would not be entitled to claim the insurance benefits. It is submitted by the counsel for the respondent/ complainant that the previous registered owner was the daughter of the complainant who is residing in the same house along with the complainant. The same is mentioned in the proof affidavit. PW1/complainant has also testified that he had intimated the fact of transferring of the vehicle by post. It was done for the Indus Motors who had arranged the insurance policy. According to him he was not aware of the requirement of transfer of policy within 14 days. The counsel has also submitted that the vehicle was purchased in the name of the daughter of the complainant in connection with the marriage of the daughter of the complainant. On account of certain problems which were under the control of the complainant the marriage did not materialise. It was there after that the ownership of the vehicle was transferred in the name of the complainant. GR 17 provides that the insurer is entitled for transfer on package policy on getting the acceptable evidence of sale of the vehicle. In the instance case it is pertinent to note that there is no manipulation or scope for manipulation in view of the fact that the former owner of the vehicle which is a new one is the daughter of the complainant. Further the fact that the complainant was ignorant of the provision that the policy should be transferred within 14 days of the transfer of the vehicle need not to be disbelieved although the same has no excuse. In view of the peculiar circumstances of this case we find that it would be just to order the opposite party/appellant to settle the claim on non standard basis. Hence the opposite party/appellant is directed to pay 75% of Rs.24845 ie, assessed by the surveyor which would work out to Rs.18635/-. The complainant could not be entitled for interest or cost. The amount is to be paid within 3 months from the date of receipt of this order failing which the complainant would be entitled for interest at 12% from the date of this order. In the result the appeal is allowed in part as above. Office will forward the LCR along with the copy of this order to the Forum at the earliest. JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.S.CHANDRAMOHAN NAIR : MEMBER SRI.M.K.ABDULLA SONA : MEMBER ps | 
