BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, KAPURTHALA.

                                                                   Complaint No.21 of 2019

                                                                   Date of Inst. 08.03.2019

                                                                   Date of Decision: 23.01.2020

Kashmir Singh aged about 64 years son of Karnail Singh R/o Village Ibrahimwal, Tehsil Bholath, District Kapurthala.

..........Complainant

Versus

National Insurance Company Ltd. Office at Jagat Jeet Cinema Building, Sultanpur Road, Kapurthala.

….….. Opposite Party

Complaint Under the Consumer Protection Act.

Before:        Sh. Karnail Singh                    (President)

Smt. Rajita Sareen                   (Member)

Present:       Sh. Darshan Singh, Adv. Counsel for the Complainant.

                   Sh. Bhupinder Pal. Singh, Adv. Counsel for the OP.

Order

Karnail Singh (President)

1.                This complaint has been filed by the complainant Kashmir Singh, wherein alleged that he has purchased a vehicle Mahindra XUV 500 WS FWD bearing Registration No.PB09-Y-5015 Model 03/2015 from one Sh. Amarjit Singh S/o Puran Singh R/o Village Talwandi Kuka, Tehsil Bholath, District Kapurthala in the year 2016. At the time of purchasing the above said vehicle, the vehicle was insured with OP, vide Policy No.401111/31/16/6100001380 dated 29.08.2016 and the above said policy was valid w.e.f. 29.08.2016 to 28.08.2017. Thereafter, the complainant got transferred the above said vehicle in his name, but the complainant could not transfer the insurance policy in his name within stipulated period, as the complainant has no knowledge regarding the stipulated period, vide which the policy is to be got transferred being illiterate person.

2.                That on 27.07.2017, unfortunately the above said vehicle met with an accident and due to accident, the vehicle was totally damaged, but luckily the persons sitting in the said vehicle saved and accordingly, an FIR No.171 dated 27.07.2017 u/S 279/304-A IPC PS Sahnewal, District Ludhiana was registered against the complainant and ultimately, the complainant was acquitted in the above said criminal case. After accident the complainant sent his vehicle to Makkar Motors Jalandhar for repair and the mechanic estimated the repair value of Rs.10,41,468/-. Then the complainant submitted a claim alongwith estimate receipt, RC, copy of licence, copy of insurance policy, copy of FIR and other relevant documents to the OP, but the said claim of the complainant was not settled by the OP, rather a letter dated 18.12.2017 was sent to the complainant, whereby the claim was declined. The OP has illegally and arbitrarily declined the claim of the complainant because the vehicle was insured with the OP at the time of accident and the OP could not denied the claim of the complainant, if the vehicle is fully insured. The act and conduct of the OP is tantamount to deficiency in service and accordingly, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay the insurance amount of Rs.10,00,000/- along with interest @ 18% p.a. from the due date till its actual disbursement to the complainant and further, OPs be directed to pay the damages for mental tension, agony, harassment suffered by the complainant, to the tune of Rs.1,00,000/- and further, OPs be directed to pay litigation expenses of Rs.25,000/-.

3.                Notice of the complaint was given to the OP, who appeared through its counsel and filed a written reply, whereby contested the complaint by taking preliminary objections that the present complaint is not maintainable qua answering OP and therefore, the complaint is liable to be dismissed. It is further averred that the instant complaint is not maintainable in the eyes of law, as there is no insurable interest of Kashmir Singh because there is no privity of contract between Kashmir Singh/Complainant with the OP.  The registered owner of the vehicle is Kashmir Singh/Complainant on the day of accident i.e. 27.07.2017, whereas the insurance policy was in the name of Amarjit Singh son of Puran Singh and as such, Kashmir Singh is not competent to file the present complaint against the answering OP because there is no insurable interest of the complainant, as such, the instant complaint is liable to be dismissed and further alleged that there is no deficiency in service or unfair trade practice on the part of the OP. It is further averred that this Forum has got no jurisdiction to entertain, try and decide the present complaint, even otherwise the Civil Court has the jurisdiction to entertain, try and decide the present complaint. On merits, it is admitted that the vehicle stands transferred in the name of the complainant and it is also admitted that the complainant submitted an insurance claim and the same was declined on the ground that the complainant was not having insurable right. The other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.

4.                The complainant filed Rejoinder to the written statement of OP and whereby reasserted the entire story as detailed in the complaint and denied those of the written statement.

5.                In order to prove their respective case, both the parties placed on the file their respective documents alongwith their pleadings.

6.                We have heard the argument from learned counsel for the respective parties and have also gone through the case file very minutely.

7.                After going through the contents of the complaint as well as written reply and replication, we find one thing that the case in regard to purchase of vehicle by Kashmir Singh/Complainant from Amarjit Singh son of Puran Singh and ownership have been got transferred by the complainant in his own name and the vehicle in question was admittedly met with an accident and thereafter, the complainant submitted an insurance claim and the same was rejected on the ground that the complainant has no privity of contract with the OP, being reason the complainant is a registered owner, but the insurance policy was stand in the name of the previous owner Amarjit Singh and due to that reason, the claim was rejected and then the instant complaint filed.

8.                If we go through the complaint, wherein the complainant himself alleged in Para No.3 that he got transferred the vehicle in question in his name, but he could not get transfer the insurance policy in his name within a stipulated period, being reason he is an illiterate person and accordingly, during that period i.e. on 27.07.2017 accident took place and huge damages was caused to the vehicle. The claim of the complainant virtually declined by the OP on the ground that the complainant has no insurable right and this fact complainant himself stated in Para No.3 of the complaint. We find that every citizen of the country must have aware about the law of the land, no one can take a plea that he is innocent, illiterate and due to that reason, does not know the law of land and similarly, if this observation apply in the present case, the complainant also cannot take the benefit of his illiteracy and on the ground of that he was not aware about the law that the insurance policy has to be got transferred within a stipulated period. There is no further evidence required that the insurance policy was not got transferred by the complainant till the day of accident nor the complainant alleged that he has ever applied for the transfer of the insurance policy in his own name, if so, then the complainant is not entitled for the relief claimed and in view of these observations, we take an opportunity to refer Section 157 of Motor Vehicle Act and Regulation GR-17, means the complainant has to get transfer the insurance policy in his own name within a stipulated period of 14 days from the date of transfer of vehicle in his name. To give further support, we like to refer a pronouncement of Hon’ble Punjab & Haryana High Court, cited in 2011(2) RCR (Civil) 19, titled as “Bajaj Allianz General Insurance Company Limited Vs. Permanent Lok Adalat, (PUS) Gurgaon”, wherein his Lordship held as under:-

“Motor Vehicles Act, 1988, Section 157, Motor Vehicles Regulation, G. R. 17- liability of insurer, damage to vehicle, accident caused by a vehicle in hands of transferee without the insurance policy being transferred, insurer not liable to compensate the transferee.”

                   On the same point, we further like to refer a pronouncement of Hon’ble Apex Court, cited in 1996(1) PLR 202, titled as “M/s Complete Insulations Pvt. Ltd. Vs. New India Assurance Co. Ltd.” Upon that point, we further like to refer an other pronouncement of Hon’ble National Commission, cited in 2016(4) CPJ 382, tiled as “United India Insurance Co. Ltd. Vs. Surender Kumar” and further, referred an other pronouncement of Hon’ble National Commission, cited in 2014 (4) AICJ 360 and on the basis of the aforesaid judgments, we find that the complaint of the complainant is without merits and there is no deficiency in service on the part of the  OP and accordingly, the complaint of the complainant is dismissed with no order of cost. Parties will bear their own costs. This complaint could not be decided within stipulated time frame due to rush of work.

9.                Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated                                     Rajita Sareen                      Karnail Singh

23.01.2020                                  Member                              President