Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 273
Instituted on : 04.06.2019
Decided on : 15.04.2024.
Amit Rathee s/o sh.SamunderRathee r/o VPO. Behlba. TehMeham, &Distt. Rohtak.
..............Complainant.
Vs.
- National Insurance Co.Ltd.Secunderabad D.O. IV, 1stFloor, Minerva Complex, Secunderabad, Telangana-State through its MD.
- National Insurance Co.Ltd. Div. Office no.1 outer Quilla Road RohtakDistt.Rohtak, through its DM.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER
Present: Sh.R.S.Rajain, Advocate for the complainant.
Dr.DeepakBhardwaj, Advocate for the opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per complainant are that he is registered owner of the car bearing registration No.HR-70D/9892 and the same was fully insured with the respondents vide cover note No.55270031186160031752 and policy was issued on 06-06-2018. The premium ofRs.5162/-for the year 06-06-2018 to 05-06-2019 midnight was paid by the previous owner to the opposite parties. That all the documents having its previous Regd. No.HR-24H/0005 werein the name of the previous owner Sh.RohtashRathee&complainant after purchasing the same on 27-01-2019, duly applied for the transfer of the registration & insurance of the said car in his name to the concerned RTA Chandigarh & necessary intimation in this regard was also conveyed to the respondents promptly along with all the relevant documents accordingly. The concerned RTA had issued the present Regd. No.HR70D/9892 to the complainant. On 29-01-2019 he was driving the said car in a proper manner at the Gohana Road, but all of a sudden due to arrival of a stray animal in front of the said car, the car was got totally damaged. The said car was taken to the Dealer Workshop-RAMA AUTO CARS accordingly. Thecomplainant promptly informed the respondents regarding the accident to assess the damage and the complainant has received intimation through system generated mail on dated 06-02-2019 & on 07-02-2019 awaiting Surveyor Appointment. But the opposite parties vide their letter dated 13.03.2019 has repudiated the claim of the complainant on the ground that the complainant does not have any insurable interest and valid insurance policy at the time of accident. The act of opposite parties of refusing the genuine claim of the above said car is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to pay a sum of Rs.1,92,812/- alongwith interest, to pay Rs.50,000/-for causing unnecessary harassment, mental pain physical agony Rs.10,000/ litigation expenses etc.to the complainant.
2. After registration of complaint, notices were issued to the opposite parties. Opposite parties filed their written reply and has submitted that on receiving the information in the office of the respondents through a Claim Intimation and Claim Form dated 06/02/2019 regarding alleged accident dated 29/01/2019 of vehicle no. HR-70D-9892 of Mr. Amit Rathees/o Sh. SamunderRathee duly signed by him alongwith affidavit, Insurance Policy, RC, DL, Adhar Card, Pan Card etc. But as per insurance policy the name of insured is Mr. RohtasRathees/o Sh. Jage Ram and the number of insured vehicle was HR-24H-0005. Now the complainant who submitted the claim intimation alongwith other documents was not the insured as per the insurance policy and even the registration number of the vehicle was also different. After perusal of the documents and the insurance policy, it came to the notice of opposite parties that insured name as per insurance policywas Mr. RohtasRathee whereas as per the documents submitted in the office of respondents, it belongs to Mr. Amit Rathee who was registered owner of the vehicle no. HR-70D-9892 at the time of accident. It is pertinent to mention here that neither any application for transferring the insurance policy was ever moved or submitted to answering respondents nor any fee was deposited for the endorsement for the said purpose in the policy was ever done. Moreover no information regarding the change of registration number of insured vehicle was given to the opposite partiesfor endorsement the same in the policy. Therefore, the competent authority of the insurance company, declined the claim of the complainant on the ground that the complainant does not have an insurable interest and valid insurance policyat the time of accident. So accordingly Surveyor cannot be deputed. The vehicle no. HR-700-9892 of the complainant is not at all insured with the respondents. Complainant is not entitled for any relief and compensation as prayed for and as such dismissal of complaint has been submitted.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C12 and closed his evidence on 15.03.2023. Ld. Counsel for opposite parties has tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R7 and closed his evidence on 07.04.2022.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. The main contention of the insurance company is that the complainant has no insurable interest in the vehicle in question so the claim of the complainant was rightly closed by the insurance company. It has been further submitted that on the date of accident the policy was in the name of Rohtas and the number of insured vehicle was HR24H0005. At the time of accident Mr. Amit Rathi s/o Surender Singh i.e. complainant submitted the claim form alongwithother documents with the insurance company. After perusal of the documents it was found that the insurance policy was not in the name of complainant or the registration number of the vehicle was mentioned as HR70D9892 at the time of accident. It is further pleaded that the complainant never moved an application for transfer the insurance policy in his name and also not deposited the required and requisite fee for the endorsement in the insurance policy.Moreover, no information regarding the change of registration number of insured vehicle was given to the opposite parties for endorsement the same in the policy. The insurance company received an information regarding the accident and the insurance company declined the claim of Mr. Amit Rathi i.e. complainant on the ground that “As the client does not have any insurable interest and valid insurance policy at the time of accident. So accordingly surveyor cannot be deputed. This is for your kind information”. We have minutely perused the documents placed on record by both the parties. At the time of arguments on dated 05.04.2024 the respondents placed on record some more documents ‘Anenxure JN-A to Annexure JN-C’. The perusal of annexure JNA itself shows that registration number of the vehicle was transferred from HR24H/0005 to HR70D9892 on dated 25.01.2019 and on the same day the vehicle was transferred in the name of Amit Kumar i.e. on 25.01.2019. The accident took place on 29.01.2019 so the complainant is the registered owner of the vehicle bearing registration no.HR70D9892 previously insured as HR-24H/0005. As per section 157 Motor Vehicle Act, sub clause (2), the insurance policy should be transferred within 14 days from the purchase. In the present case the accident took place just after 4 days of transfer of the ownership and within 14 days of the prescribed period. Hence complainant is entitled for the claim. The insurance company after receiving the information regarding the accident has not deputed the surveyor on the above mentioned ground that the client does not have any insurable interest and valid insurance policy at the time of accident. Perusal of the photographs placed on record shows that the vehicle in question is total damage and is not in running condition. Surveyor has not been deputed by the insurance company. Hence we hereby assess the claim as per IDV of the vehicle(Rs.192000/-) after deducting the salvage value which we have assessed as Rs.20000/- i.e. to pay Rs.172000/-(Rs.192000/- less Rs.20000/-)
6. In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite parties to pay Rs.172000/-(Rupees one lac seventy two thousand only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 04.06.2019 till its realisation and also to pay a sum of Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expensesto the complainant within one month from the date of decision.However complainant is directed to move an application to the Registration Authority for cancellation of R.C., not to ply the vehicle on road and to sale the alleged vehicle in scrap.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
15.04.2024.
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Nagender Singh Kadian, President
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TriptiPannu, Member.
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Vijender Singh, Member
