Andhra Pradesh

StateCommission

FA/1296/06

NATIONAL INSURANCE COMPANY LTD - Complainant(s)

Versus

RAKAM DAMODAR - Opp.Party(s)

MR. K.SUBBA RAO

09 Feb 2009

ORDER

 
First Appeal No. FA/1296/06
(Arisen out of Order Dated null in Case No. of District Chittoor-I)
 
1. NATIONAL INSURANCE COMPANY LTD
DIVISIONAL MANAGER KARIMNAGAR H.NO. 2-6-103 KARIMNAGAR
 
BEFORE: 
 HONABLE MRS. M.SHREESHA PRESIDING MEMBER
 
PRESENT:
 
ORDER

BEFORE THE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT HYDERABAD.

 

F.A. 1296/2006 

Between:

 

The Divisional Manager

The

H.No. 2-6-103, Near Municipal Office

KarimnagarTown.        

                                                         Rakam Damodar

S/o. Narasaiah, Age: 32 years

Owner of Vehicle No. AP-15-G 4293

R/o. Q. No. T2-711,

Tilaknagar, Godavarikhani.Complainant

                                     

Counsel for the Petitioner:                        Kota

Counsel for the Respondent:

 

QUORUM:

 

HON’BLE SRI JUSTICE D.APPA RAO, PRESIDENT.

                                                                                        

MONDAY, THIS

 

ORAL ORDER:

 

***

 

 

This is an appeal preferred by the insurance company against the order of the Dist. Forum in

 

The case of the complainant in    

 

The insurance company resisted the case.           

 

The complainant in proof of his case filed his affidavit evidence and got Exs. A1 to A12 marked, equally the insurance company  

 

The Dist. Forum after considering the evidence placed on record opined that the insurance company did not repudiate the policy      

 

Aggrieved by the said decision, the insurance company preferred this appeal contending that the Dist. Forum did not appreciate either the fact or law in correct perspective.   

 

 

 

 

 

 

It is an undisputed fact that the vehicle Tata Sumo bearing No.     

 

The complainant alleges that he purchased the said vehicle          

It is also not in dispute that original owner      

 

Ex. A3 certificate of registration discloses that   

 

 

 

 

 

 

 

It is nowhere stated that when the registration was transferred in the name of the complainant, the insurance policy was also transferred in his name.    allege anything about the    t was held

As by the time the car met with accident the petitioner had not even applied for transfer of policy in his favour, he had no       

 

 

The  

 

In the light of settled proposition of law, the complainant is not entitled to claim the amount, he being not the insured under the policy.

 

In the result the appeal is allowed setting aside the order of the Dist. Forum.   

 

 

 

         

                            

 
 
[HONABLE MRS. M.SHREESHA]
PRESIDING MEMBER

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