Rajasthan

StateCommission

A/559/2015

The Orential Ins. Co. Ltd. Through S.D.M. - Complainant(s)

Versus

Shri Lala Ram s/o Prabhu Ram Ji - Opp.Party(s)

Virendra Agarwal

02 Feb 2016

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

 

FIRST APPEAL NO: 559 /2015

 

The Oriental Insurance Co. Ltd. through Sr.Divisional Manager B.R. 2 Kundan Bhawan M.I.Road, Jaipur & ors.

Vs.

 

Shri Lalaram s/o Paburam r/o Krashan colony, Chhawani, Out of railway phatak, Beawar, Distt. Ajmer.

 

 

Date of Order 2.02 .2016

 

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Mrs.Sunita Ranka -Member

 

Mr.Kamal Chamaria counsel for the appellants

None present on behalf of the respondent

 

 

2

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal has been filed against the judgment of learned DCF Ajmer dated 9.3 .2015 whereby the liability has been fixed on the appellants.

 

The contention of the appellants is that vehicle was purchased on 6.7.2012 and on the same day it was insured. On that day the vehicle was having temporary registration certificate. It was met with accident on 18.8.2012 and it is admitted that on the day of accident the vehicle was not having registration and permit. The contention of the appellants is that there is a breach of condition policy hence, they should not have been made liable.

 

None appeared on behalf of the respondent, Heard the counsel for the appellant and perused the record as well as the order of the court below.

 

There is no dispute about the fact that on the date of accident i.e. on 18.8.2012 the vehicle was not having registration and permit and the appellant has relied upon the

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judgment passed by the Hon'ble National Commission in Revision Petition No. 1834 of 2012 Manager Bharti Axa General Insurance Co. Vs. B.A. Lokesh Kumar decided on 25.7.2013 where the court has held that if the vehicle did not have a valid registration number on the date of accident and being used in violation of the law and condition of the insurance policy the repudiation is justified. Further it has been held that the registration of the vehicle is a mandatory requirement and Sec. 39 of the Motor Vehicle Act says so when the vehicle is used in violation of the law itself the Insurance Company could not protect it.

 

Further reliance has been placed on the judgment passed by the Hon'ble National Commission in Revision Petition no. 2476 of 2012 New India Assurance Co. Vs. Birbal Singh Jhakhar deided on 6.2.2014 where the court has held that when the insured vehicle was being plied without a route permit and fitness certificate , there is a breach of policy condition and complaint should be rejected. Here in the present case facts are clear that the vehicle was plied without valid registration and permit. Hence, there is a clear breach of policy condition and Insurance Company cannot be made liable.

 

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Hence, the appeal is allowed and the order of the court below dated 9.3.2015 is set aside.

 

 

(Sunita Ranka) (Nisha Gupta )

Member President

 

 

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