Per Shri S.R. Khanzode – Hon’ble Presiding Judicial Member:

(1)          This appeal takes an exception to an order dated 28/07/2009 passed in Consumer Complaint No.126/2007, Shrinivas Dattatraya Majmode V/s. The New India Assurance Co. Ltd., by District Consumer Disputes Redressal Forum, Kolhapur (‘Forum below’ in short).

(2)          The accident involved vehicle bearing registration no.KA-23-7504, which was insured in the name of Dattatraya Atmaram Majmode, from 11.30 ‘o’ clock of 25.09.2006 to midnight of 24.09.2007.  Said vehicle met with an accident on 24.03.2007.  Insurance claim was made, but, it was repudiated on the ground that the claimant, viz.the Complainant in this consumer complaint, i.e. Respondent in this appeal has no insurance in his name.  Feeling aggrieved thereby consumer complaint was filed, it stood allowed and therefore, aggrieved thereby original Opposite Party Insurance Company has preferred this appeal. 

(3)          Admit and heard forthwith with the consent of both the parties.

(4)          As per the admitted facts submitted before us, Dattatraya Atmaram Majmode, the insured died on 23/01/2006.  The policy was taken in the name of dead person and therefore, it is not a valid and legal insurance contract and  therefore, further question of transferring the said policy in the name of the transferee of the vehicle etc. would not arise.

(5)          In the instant case, it is alleged by the Respondent/original Complainant that after the death of his father Dattatraya Atmaram Majmode, the vehicle was to be transferred in the name of his mother, but before it could be done, she also died.  Thereafter, on 10.10.2006 the vehicle got transferred in the name of Complainant Shrinivas Dattatraya Majmode.  Under the circumstances, on the date of accident, since Complainant had no valid and effective insurance cover and in fact there exists no policy in the eyes of the law at the time of accident, repudiation of the insurance claim cannot be faulted with.  Forum below did not consider this vital aspect and arrived at a wrong conclusion.  Ld. Counsel appearing for the Respondent referred to the decision of Hon’ble National Consumer Disputes redressal Commission, New Delhi, in the matter of National Insurance Co. Ltd. V/s. Subhash Chand Kataria & Anr., reported in II(2008)CPJ 324 (NC).  However, on the facts before us, said decision is distinguishable. In the result, we hold that the impugned order cannot be supported and is bad in law.  We hold accordingly and pass the following order:

O  R  D  E  R

     (i)       Appeal is allowed

    (ii)       Impugned order dated 28.07.2009 is set aside.

  (iii)       In the result, Consumer Complaint No.126/2007 stands dismissed.

  (iv)       No order as to costs.