Haryana

StateCommission

A/487/2015

HAWALDAR HARPHOOL SINGH - Complainant(s)

Versus

NEW INDIA ASSURANCE CO.LTD. AND ANOTHER - Opp.Party(s)

D.K.JANGRA

04 Feb 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

                                                         First Appeal No.487 of 2015

Date of Institution: 27.05.2015

                                                               Date of Decision: 04.02.2016

 

 

Hawaldar Harphool Singh S/o Sh. Muliya Ram, R/o Village Pinana, Tehsil and Distt. Sonepat.

…..Appellant

Versus

 

The New India Assurance Company Limited, Ist Floor, Vardhman Complex, in front of Civil Hospital, Osram Chowk, Sonepat through its Member.

                                      …..Respondent

 

CORAM:             Mr. R.K.Bishnoi, Judicial Member.

                             Mrs. Urvashi Agnihotri, Member.                                                                                                                                        

Present:               Shri D.K.Jangra, Advocate for appellant.

                             Shri P.S.Bedi, Advocate for respondent.

 

                                                   O R D E R

R.K.BISHNOI, JUDICIAL MEMBER:-

It was alleged by the complainant that the got his activa scooter having temporary No. HRF99QH CT 8094, insured from opposite party (O.P.)-respondent for the period 13.07.2013 to 12.07.2014. On 05.09.2013 his brother took the vehicle to the office of DSP for passing to obtain permanent registration number, but, was stolen.  FIR No.349 was registered on 07.09.2013.  Information was also given to the O.Ps., but, his claim was repudiated.

2.      In reply O.P. alleged that temporary registration was valid from 13.07.2013 to 13.08.2013 .  Thereafter the complainant was plying his vehicle without any registration number.  On the date of theft i.e. 05.09.2013 the vehicle was not having temporary or permanent registration number so his claim was rightly repudiated. 

3.      After hearing both the parties learned District Consumer Disputes Redressal Forum, Sonepat (In short “District Forum”) dismissed the complaint vide impugned order dated 24.03.2015 keeping in view the opinion of Hon’ble Supreme Court expressed in Narinder Singh Vs. New India Ass. Co. Ltd., PLR 2014 (4) Page 825.

4.      Feeling aggrieved therefrom, complainant-appellant has preferred this appeal.

5.      Arguments heard.  File perused.

6.      Learned counsel for the insurance company-O.P. vehemently argued that on the date of theft the scooter was not having any registration number.  As per opinion of Hon’ble Supreme Court expressed in Narender Singh case (supra) a vehicle cannot be plied on the road without valid registration number. So his claim was rightly repudiated.

7.      However there is no dispute as far as opinion expressed by Hon’ble Supreme Court in the aforesaid case is concerned, but the O.P. cannot derive any benefit from the same because the facts of the present case are altogether different.  In that case the question of accident was involved, which took place due to regular use vehicle on the road without valid registration number.  In the present case it is alleged by the complainant that after the expiry of temporary registration number he could not go for permanent registration number due to ailment.  Complainant is an ex-servicemen and is more than 78 years old. As per discharge certificate issued by Army Authorities his date of birth is 04.04.1936.  In such old age even minor ailment can prevent a person from going outside.  A young person may go from here to there with minor ailments, but, old person may not take risk to avoid further complication.  So plea of the complainant that he could not go for obtaining permanent registration number due to ailment cannot be doubted particularly when he is an ex-army personnel.

8.      Further, a vehicle is to be taken to the office of concerned authority for passing to obtain permanent registration number. If temporary registration number has expired and there is little bit delay in approaching concerned authorities for obtaining permanent number then how one can obtain the registration certificate.  Authorities are not going to visit to the house of particular person.  A simple person who has invested his hard earned money to purchase a scooter is not expected to spend more money on trailor etc. to take the vehicle to the concerned authorities.  This problem is to be kept in mind who dealing with such a situation. In these circumstances when brother of complainant took the scooter to the office of DSP for passing, it cannot be presumed that he was plying the scooter without registration number and in case of theft he was not entitled for compensation.  Taking any vehicle for the purpose of registration is different from the regular use.  Complainant was taking steps to comply with, not only the terms and conditions of insurance policy, but, also the provisions of the Motor Vehicle Act, 1988  (In short (M.V.Act). So it cannot be considered as violation of the terms and conditions of insurance policy and claim of the insured cannot be repudiated on this ground.

8.      Taking into consideration all the aspects impugned order dated 24.03.2015 is set aside and appeal is allowed.  Complainant-appellant is held entitled for the insured amount i.e. Rs.40139/-, Rs.5100/- for mental agony and harassment and Rs.2100/- for litigation expenses to be paid by O.P.

 

 

February 04th, 2016   Urvashi Agnihotri                    R.K.Bishnoi,                                                                           Member                                  Judicial Member                                                                     Addl. Bench                            Addl.Bench