By. Smt. Beena. M, Member:-
This is a complaint filed under section 35 of the Consumer Protection Act 2019.
2. The Complainant had purchased a vehicle bearing Reg. No. KL-10-AY-9596 LMV Motor Car and it was of 2012 model, from its previous owner. Subsequently, the ownership of the vehicle was transferred in the name of Complainant with effect from 20.03.2020 but the RC was received by the Complainant on 29.04.2019. The said vehicle was insured with the Opposite Party under package policy scheme for the period from 01.07.2018 to 30.06.2019. Since the RC was received by the Complainant on 29.04.2019, the Complainant could not transfer the insurance policy in his name. On 25.04.2019 the vehicle met with an accident while the Complainant was coming from Nilambur to Wayanad and the vehicle was heavily damaged in the said accident. The Complainant also got seriously injured and he was hospitalized. After discharge from the hospital, the Complainant intimated the same to the Opposite Party. But the Opposite Party did not care to do anything. So the Complainant had taken the vehicle to the workshop by spending Rs.14,000/-. After entrusting the vehicle to the work shop the complainant lodged a claim petition with the Opposite Party on 10.05.2019. After that, the Complainant, several times, contacted the Opposite Party but the Opposite Party did not do anything. Subsequently, the surveyor of the Opposite Party Company inspected the vehicle and prepared a report. So far the Opposite Party has neither accepted nor repudiated the claim of the Complainant. The act of the Opposite Party amounts to deficiency in service on their part and hence the Complaint.
3. The Opposite Party appeared and filed version. They admitted that the vehicle was insured with them for the period from 01.07.2018 to 30.06.2019. They also stated that insurance policy was issued in favor of Asharaf, so there is no privity of contract with the Complainant on the date of accident. As admitted by the Complainant, the RC of the vehicle was transferred with effect from 20.03.2019 but the accident happened on 25.04.2019. In this case, the complainant obtained the ownership and possession of the vehicle on 20.03.2019 and the accident was happened on 25.04.2019. As per Sec.157 (2) of Motor vehicles Act, the transferee shall apply within fourteen days from the date of transfer in the prescribed form to the insurer for making necessary changes with regard to the fact of transfer in certificate of insurance and the policy described in the certificate in his favor and the insurer shall make the necessary changes in the certificate and the policy of insurance in regard to the transfer of insurance. In this case the Complainant had not taken any steps to transfer the certificate of insurance within time as specified in the Motor vehicles Act in his favor. After obtaining the claim form, the opposite party appointed Sri. M.Ravindran Insurance surveyor /Loss assessor to assess the actual damage caused to the vehicle. Accordingly the surveyor had submitted a report assessing the damage as Rs.1,19,008/-. According to the Opposite Party there is no deficiency in service on the part of them and they prayed for dismissal of the Complaint with their cost.
4. On perusal of Complaint, Version and Documents, Commission raised the following points for consideration:-
1. Whether there is any deficiency in service from the part of
Opposite Party?
2. Relief and Cost.
5. Evidence consists of the proof affidavit of both sides and Ext A1 to A4 series marked from the side of the Complainant, Ext.B1 to B3 marked from the side of the Opposite Party, and the Complainant was examined as PW1 and Opposite Party was examined as OPW1. From the side of the Opposite Party one witness was examined as OPW2.
6. Point No. 1 and 2 :- The above points are considered together,
As per the Complaint and the evidence, the case of the Complainant is that he had purchased the vehicle and got transferred the RC in his name with effect from 20.03.2019 and got the RC book from the RTO only on 29.04.2019. On 25.04.2019, the accident was occurred. The Opposite Party stated that at the time of accident the policy was not in the name of the Complainant and hence the Opposite Party is not liable. Here, the insurance coverage subsists up to 14 days from the date of transferred RC received by the purchaser of the vehicle. In the instant case, the RC got transferred with effect from 20.03.2019 and as per the Complaint and affidavit it was received by him from the RTO only on 29.04.2019. It is an established rule that the ownership will be considered as transferred from the date of RC and the insurance will not be transferred till the copy of the transferred RC is submitted. In our opinion naturally the time of 14 days starts from the date RC received i.e. from 29.04.2019 and the accident took place on 25.04.2019. The Opposite Party is not produced any documents or proved that the Complainant had received the RC before 14 days of the accident. Ext A2 reveals that the date of transfer effected on 20.03.2019, the Complainant received RC on 29.03.2019 and the accident took place on 25.04.2019 which is before 14 days grace period. It is clear that the accident happened within 14 days of grace period and the coverage of insurance subsists during the grace period and hence the insurer cannot escape from the liability. For the purpose of considering the contention of the Opposite Party it is relevant to extract section 157 of the Motor Vehicles Act. Section 157 Transfer of certificate of Insurance:-
- Where a person in whose favour the certificate of Insurance has been issued in accordance with the provisions of this chapter transfers of another person the ownership of the Motor Vehicle in respect of which such insurance was taken together with the policy of insurance relating thereto, the certificate of insurance and the policy described in the certificate shall be deemed to have been transferred in favour of the person to whom the motor vehicle is transferred with effect from the date of its transfer.
6. As per the above discussion we hold that the Opposite Party is liable for the deficiency in service to the Complainant. Thus the Complainant is entitled to get the amount which has been assessed by the surveyor i.e. Rs.1,19,008/- with cost and compensation.
In the result the Complaint is partly allowed and the Opposite Party is directed to pay Rs.1,19,008/-( Rupees One lakh Nineteen Thousand and Eight only) to the Complainant with 8% interest and Rs.15,000/- (Rupees Fifteen Thousand only) towards compensation and Rs.5,000/- (Rupees Five Thousand only) as cost of the proceedings.
The above order must comply within the 30 days from the date of order, failing which the amount shall carry interest at the rate of 8% p.a. till realization of the amount.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 11th day of April 2023.
Date of Filing:-13.02.2020.
PRESIDENT :
MEMBER :
MEMBER :
APPENDIX.
Witness for the Complainant:-
PW1. Ashraf. Business.
Witness for the Opposite Party:-
OPW1. K. Somanathan Nair. Divisional Manager.
OPW2. M. Raveendran. Insurance Surveyor.
Exhibits for the Complainant:
A1. Copy of Policy Schedule cum Certificate of Insurance for the
period of 01.07.2018 to 30.06.2019.
A2. Copy of Registration Certificate.
A3. Copy of Enquiry Report. Dt:12.05.2019.
A4(a). Copy of Quotation. Dt:15.05.2019.
A4(b). Photograph.
A4(c). Photograph.
Exhibits for the Opposite Party:-
B1. Copy of Policy Schedule cum Certificate of Insurance for the
period of 01.07.2018 to 30.06.2019.
B2. Motor Survey Report. Dt:27.02.2020.
B3. Policy Schedule cum Certificate of Insurance for the period of
19.07.2018 to 30.06.2019.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
ASSISTANT REGISTRAR
CDRC, WAYANAD.
