Kerala

Ernakulam

CC/12/110

SAJEER P A - Complainant(s)

Versus

M/S CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD. - Opp.Party(s)

ROY VARGHESE

30 Jul 2014

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Dated this the 30^th day of July 2014

 

Filed on : 27/02/2012

PRESENT:

 

Shri. A. Rajesh, President.

Shri. Sheen Jose, Member.

Smt. Beena Kumari V.K. Member.

 

CC.110/2012

Between

Sajeer P.A., : Complainant

S/o. Abdul Khader, (By Adv. Roy Varghese,

Parakkal house, Vengola, C.N. Law Chambers, KMJ

Kanadanthara, Allapra P.O., Shopping Complex, Pathippalam

Ernakulam. Allapra P.O., Perumbavoor

Ernakulam-683 553)

 

And

1. M/s. Cholamandalam MS General : Opposite parties

Insurance Co. Ltd.,

Rep. by its Managing Director, (By Adv. Jacob Mathew P.

2^nd floor, Dare House, Matahews Jacob & Associates

2NSC Bose Road, 61-HB Panampilly Nagar,

Chennai-600 001. Cochin-682 036)

 

2.M/s. Cholamandalam MS General

Insurance Company Ltd.,

Rep. by its Manager,

North Thrissur-680 001.

 

3. M/s. Cholamandalam

MS General Insurance Co. Ltd.,

Rep by its Manager, 2^nd floor,

Acel Estate, Iyyattil Junction,

Chittor road, Kochi-11.

 

 

 

 

 

 

O R D E R

 

A. Rajesh, President.

 

 

The case of the complainant is as follows:

On 12-10-2011 the complainant purchased a lorry bearing Regn. No. KL-08 AN 5442 from one Mrs. Manju Jose. At the time of purchase the vehicle was insured with the opposite parties in the name of Mrs. Manju Jose from 19-01-2011 to 18-01-2012. Immediately after the purchase of the vehicle the complainant approached the 2^nd opposite party to transfer the policy in his name. At the instance of the 2^nd opposite party the complainant on 18-10-2011 approached for transfer of ownership of the vehicle in the SRTO, Perumbavur. The ownership has been transferred in his name and he was issued a registration certificate on 15-11-2011. In the meantime on 13-11-2011 the vehicle met with an accident. The claim application of the complainant was neither settled nor repudiated by the opposite parties. The complainant is entitled to get the insurance claim as assessed by the Insurance surveyor together with costs of the proceedings. This compliant hence.

2. The version of the opposite parties is as follows:

The vehicle bearing Regn. No. KL-08 AN 5452 was insured with the opposite party from 19-01-2011 to 18-01-2012 in the name of one Manju Jose. The opposite party has no liability to indemnify the complainant who is not the insured and there is no locus-standi for him to make a claim for property damage from the opposite parties. The complaint is not maintainable against the opposite parties and is liable to be dismissed.

3. No oral evidence was adduced by the parties. Exbts. A1 to A4 and B1 to B5 were marked on the side of the complainant and the opposite parties respectively. Heard the learned counsel for the parties

 

 

4. The points that came up for consideration are as follows:

i. Whether the complainant is entitled to get insurance claim from

the opposite parties?

ii. Whether the opposite parties are liable to pay costs of the

proceedings to the complainant?

5. Point No. ii. Admittedly the lorry bearing Regn. No. KL-08- AN 5452 was insured with the opposite parties in the name of one Mrs. Manju Jose for the period from 19-01-2011 to 18-01-2012 evidenced by Exbt. A1 policy schedule. It is not in dispute that the complainant purchased the vehicle from the said Manju Jose and got the ownership of the same transferred in his favour with effect from 15-11-2011 evident from Exbt. A2 Certificate of Registration. It is also not in dispute that the vehicle met with an accident on 13-11-2011.

6. According to the learned counsel for the complainant immediately after the purchase of the vehicle the complainant approached the opposite parties to get the insurance policy transferred from the name of Manju Jose in his favour and as per the direction of the opposite parties the complainant duly approached the Authority to get the Registration certificate transferred in his favour and in the meantime the vehicle met with an accident on 13-11-2011. The counsel maintains that the accident occurred within the period of insurance coverage and the complainant is entitled to get the insurance claim from the opposite parties. On the contrary the opposite parties vehemently contended that the complainant has no privity of contract with the opposite parties since as on the date of accident the insurance policy stands in favour of the previous owner of the vehicle and the opposite parties are not liable to pay insurance claim to the

 

 

 

complainant. The learned counsel relied on the decision rendered by the Hon’ble Apex Court in M/s. Complete Insulations (P) Ltd. Vs. New India Assurance Co. Ltd. 1996 AIR SC 586.

7. By relying on the decision rendered by the Hon’ble Supreme Court in M/s. Complete Insulations (P) Ltd. Vs. New India Assurance Co. Ltd. Supra the Hon’ble National Consumer Dispuptes Redressal Commission held in National Insurance Co. Ltd. Vs. Jai Bhagwan II (2014) CPJ 640 that, “From the above decision of the Supreme Court, it is clear that the Insurance company is not under obligation to indemnify the subsequent purchaser for the damage caused to the vehicle unless the subsequent purchaser has got the insurance policy transferred in his name. In the instant case as the insurance policy was not transferred in the name of the respondent/complainant, the petitioner was justified in repudiating the claim”

8. The facts of the case are squarely applicable to the case on hand. The complainant has got no locus- standi to file the complaint as he was not the insured. Accordingly we are left with no option but to dismiss the complaint. Ordered accordingly.

Pronounced in the open Forum on this the 30^th day of July 2014.

Sd/-A. Rajesh, President.

Sd/- Sheen Jose, Member.

Sd/-Beena Kumari V.K., Member.

 

Forwarded/By Order,

 

 

Senior superintendent.

 

 

 

 

 

 

 

Appendix

Complainant’s exhibits :

 

Ext. A1 : Copy of motor policy schedule cum

certificate of Insurance

 

A2 : Copy of certificate of registration

A3 : Copy of legal notice dated 14-12-2011

A4 : A.D. Card

Opposite party’s exhibits :

 

Ext. B1 : Copy of policy with terms and conditions

 

B2 : Copy of extract of GR 17

B3 : Copy of R.C.

B4 : Copy of permit

B5 : Copy of Authorization certificate