NCDRC

NCDRC

RP/3232/2013

NATIONAL INSURANCE CO. LTD. - Complainant(s)

Versus

M/S. MAJHA PEHALWAN TRANSPORT CARRIERS - Opp.Party(s)

MR. YOGESH MALHOTRA

21 Jan 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3232 OF 2013
 
(Against the Order dated 20/05/2013 in Appeal No. 225/2013 of the State Commission Haryana)
WITH
IA/5673/2013
1. NATIONAL INSURANCE CO. LTD.
DELHI REGIONAL OFFICE -I AT TOWER-II,. LEVEL-IV, JEEVANBHARTI BUILDING,, 124 CONNAUGHT CIRCUS,
NEW DELHI - 110001
...........Petitioner(s)
Versus 
1. M/S. MAJHA PEHALWAN TRANSPORT CARRIERS
SAHARANPUR ROAD, THROUGH ITS PARTNER SH.GURBAZ SINGH
DISTRICT : YAMUNA NAGAR
HARYANA - 135001
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE AJIT BHARIHOKE, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :
Mr. Yogesh Malhotra, Advocate
For the Respondent :
Exparte

Dated : 21 Jan 2014
ORDER

Learned Shri Yogesh Malhotra, Advocate for the petitioner, at the outset, submits that the petitioner/OP has already deposited the entire amount in terms of the State Commission order dated 20.05.2013 with the District Forum concerned. He further states that the petitioner accepts the order of the State Commission on merit, but in case of total loss of vehicle certain formalities are required to be completed by the insured, such as, transfer of registration in the name of insurance company, letter of subrogation and power of attorney in favour of the company, NOC from the financer i.e. Tata Motors Ltd. and letter to RTO as well as to the police authority stating that the insurance claim has already been settled on total loss basis and in case the vehicle is recovered, the intimation be given to the insurance company. Thus, he has urged us to modify the impugned order to the aforesaid extent. 2. The above submissions of the petitioner is reasonable since the insurance claim is being settled on total loss basis, obviously the ownership of the vehicle has to be transferred in the name of the insurance company. Therefore, we accept the revision petition and modify the impugned order to the extent that the award amount deposited by the petitioner be remitted to the respondent subject to his fulfillment of the following conditions:- i. Transfer of registration in the name of insurance company. ii. Letter of subrogation and power of attorney in favour of the company iii. NOC from the financer i.e. Tata Motors Ltd. iv. Letter to RTO as well as to the police authority stating that the insurance claim has already been settled on total loss basis and in case the vehicle is recovered, the intimation be given to the insurance company. 3. The revision petition is, accordingly, disposed of. No order as to costs.

 
......................J
AJIT BHARIHOKE
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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