(Passed on 11/10/2022)
Passed by Shri Atul D. Alsi, Hon’ble President
1. Complainants filed complaint case against the repudiation of vehicle insurance claim of Rs. 2,70,257/- for the reason of non transfer of motor vehicle policy in the name of the complainant after death of her husband and thereby claiming compensation of Rs. 2,70,257/- and cost of litigation .
2. The story in short is as under,
The vehicle bearing No. MH-34/AM-1142, Huyndai, I-20 owned by complainant’s husband Vishwas Baburao Mutyalwar and vehicle was insured with O.P. for the period from 12/08/2020 to 11/08/2021 for Insured Declared Value (IDV) of Rs. 2,70,257/-. On 28/12/2020 the son of the complainant and Power of Attorney Holder of this case Mr. Piyush Mutyalwar was coming from Pusad to Chandrapur the vehicle met with an accident with the wild boar came before the vehicle, the outcome of which the F.I.R. is registered bearing No. 11/2020 dated 28/12/2020 at Police Station, Digras, District Yavatmal. The police machinery drawn panchanama on the spot. The intimation of accident was given to the Insurance Company on 02/01/2021 the vehicle was totally damaged of 100%. The husband of complainant died on 20/03/2020 due to short illness. Thereafter, the complainant filed insurance claim with the O.P. but the insurance claim was rejected by issuing letter dated 09/02/2021 for the reason of breach of condition No. 9 of the policy for the reason of non transfer of insurance policy in favour of the complainant. Due to Corona period the Government Offices were not working and working of Court has been stoped in Corona period therefore, the complainant could not get the Legal Heirs Certificate for transfer of policy. Therefore, in such circumstances the rejection of insurance claim does amount to deficiency of service. Therefore, petition is filed.
3. The O.P. inspite of service of notice did not appear. Hence, the case proceeded exparte as per order dated 05/04/2022.
REASONING
4. On 28/12/2020 the vehicle met with an accident and an offence has been registered at Police Station, Digras, District Yavatmal vide F.I.R. No. 11/2020 dated 28/12/2020. Due to suddenly while driving of vehicle by the son of deceased the wild boar came in front of the vehicle and vehicle could not control and therefore gave dashed to the road side tree. The copy of F.I.R. is filed on record along with spot panchanama report at page Nos. 20 and 21. The intimation of the accident has been given to the O.P. on 02/01/2021. The Complainant submitted insurance claim for total damage of vehicle according to IDV of Rs. 2,70,257/- but the O.P. has repudiated the insurance claim for the breach of policy condition No. 9 that in case of sole insured the policy will not immediately lapse but while remaining valid for the period of 3 months for the death of the insured or entitle expiry of policy (which ever is earlier) during the said period the legal heirs of the insured whom the custody or use of motor vehicle passes may apply to have this policy transferred in the name of heirs or obtaining new insurance policy for motor vehicle.
5. Due to Corona Pandemic the Government of India, Ministry of Road Transport and Highway, (MVL) Section, Dr. Piyush Jain, Director issued a letter to the Director Generals of Police, Principal Secretaries, Department of Transport and the Transport Commissioners of all the States and Union Territories for the extension of validity of documents related to Motor Vehicle Act, 1988 that the validity of Driving License, registration or other concerned documents whose validity is likely to expire since 01/02/2020 to 30/09/2021 may be treated to be valid for the further period of 31/10/2021. Due to Corona Pandemic the government offices were closed and thereafter working with very less strength and therefore, the complainant could not get transfer the ownership of vehicle and insurance policy in her name. The insurance policy is issued for the vehicle and not to the person. Therefore, non transfer of name of policy holder would not disentitle the claimant to claim compensation for the valid insurance period. Therefore, rejection of insurance claim does amount to deficiency of service. Therefore, the complaint is partly allowed with direction to O.P. to pay compensation for own damaged claim of the vehicle bearing registration No. MH-34/AM-1142 amounted to Rs. 2,70,257/- on non-standard basis of insurance policy without awarding any interest or compensation or cost of litigation as per following order.
ORDER
i. Complaint No. CC/21/191 is partly allowed.
ii. The O.P. is directed to pay to the complainant Rs.2,70,257/- for own damaged claim of the vehicle bearing registration No. MH-34/AM-1142 on non-standard basis of insurance policy without awarding any interest or compensation or cost of litigation.
iii. Copy of order be furnished to both the parties free of cost.