KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD THIRUVANANTHAPURAM APPEAL NO.475/09 JUDGMENT DATED 24.9.09 PRESENT JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT SMT.VALSALA SARANGADHARAN -- MEMBER National Insurance Company Ltd. Third Floor, Highline Plaza, M.G.Road, Kasaragod, -- APPELLANT Rep. by its Manager. (By Adv.Sreejith S.Nair) Vs. Shamil,K.TK.T.Ahammed House Kolathotty, Post Chemmad, -- RESPONDENT Kasaragod. JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT The appellants are the opposite parties/Insurance Company in CC.46/07 in the file of CDRF, Kasaragod. The appellants are under orders to pay a sum of Rs.13,300/- with interest at 9% from the date of complaint and also to pay cost of Rs.2000/-. 2. It is the case of the complainant that he purchased a motorcycle from one Musthafa. The policy stood in the name of Musthafa. On 16.9.06 during the subsistence of the policy the vehicle met with an accident and sustained damages. The insurer conducted a survey. But the claim was repudiated. 3. It is the contention of the appellant that on the date of the accident, the policy was in the name of Musthafa and hence the complainant had no insurable interest. 4. The evidence adduced consisted of the proof affidavit and Exts.A1 to A6 series and B1 to B6 series. 5. It is seen from the evidence adduced that the registration certificate was transferred in the name of the complainant on 26.8.06. The accident was on 16.9.06. The only lapse was that the Insurance Policy was not transferred into the name of the complainant. The appellant has relied on the decision in M/s Complete Insulations Pvt. Ltd. Vs. New India Assurance Company Ltd; AIR 1996 SC 586. According to the appellant only for third party risk the policy will be deemed to have been transferred vide Section 157 (1) of the MV Act. According to the appellant as per Section 157 (2) the purchaser shall apply within 14 days for getting the Insurance Policy transferred. 6. We find that the issue is already covered by the decisions in Shri Narayan Singh VS. New India Assurance Company Ltd., 2007 CPJ 289 (NC) and National Insurance Company Ltd. Vs. Subash Chand Kataria and Anr. 2008 CPJ 342 (NC). We find that there is no merit in the appeal filed. There is no scope for admission. Hence the appeal is dismissed in limine. The office will forward a copy of this order to the Forum urgently. JUSTICE K.R.UDAYABHANU -- PRESIDENT VALSALA SARANGADHARAN -- MEMBER S/L
......................JUSTICE SHRI.K.R.UDAYABHANU | | 
