(Per Shri Dhanraj Khamatkar, Hon’ble Member)
(1) This appeal takes an exception to an order dated 23/05/2000 passed by District Consumer Disputes Redressal Forum, Satara in Consumer Complaint No. 243/99.
(2) The facts leading to this appeal can be summarized as under:-
The original complainant had purchased a truck from original opponent No.3 by taking a loan from the original opponent No.2. The Insurance of the truck No.MTL 6717 was taken by the original opponent No.3 from the opponent No.1. After the sale of the said vehicle, the original opponent No.3 had submitted an application to original opponent No.1 for transferring the said policy in the name of the complainant. The original complainant had deposited a sum of `15/- to the original opponent No.1 as a transfer fee. Accordingly, on 20/07/1998, the original opponent No.1 had issued a covering note No.515820 informing the complainant regarding the transfer of insurance in the name of the complainant. In the papers received from the original opponent No.1, the period of the policy is shown as 20/07/1998 to 19/07/1999. The said vehicle met with an accident on 10/01/1999. Accordingly, the original complainant informed to original opponent No.1. Accordingly, the original opponent No.1 had carried out spot survey of the vehicle and the complainant got the vehicle repaired and filed the claim to the original opponent No.1. The original opponent No.1 had repudiated the claim of the complainant on the ground that the period of insurance was from 05/01/1998 to 04/01/1999 and the accident had occurred after the period of insurance. The original opponent No.1 further informed that in the transfer papers, the policy period inadvertently mentioned as 20/07/1998 to 19/07/1999. The original complainant personally met the original opponent No.1 and requested to allow the claim. However, there was no response. The complainant issued a notice through advocate to the original opponent No.1, wherein the original opponent No.1 had admitted that in the transfer documents, there was a mistake in mentioning the date of the insurance. Hence, the original complaint filed consumer complaint praying to pay an amount of `1,91,948/- along with interest @18% p.a. from the date of accident.
(3) The original opponent No.1 contested the complaint on the ground that the original policy was issued for the period of 05/01/1998 to 04/01/1999. The original opponent further admitted that the truck was originally belonged to the original opponent No.3 and the original opponent No.3 had sold the vehicle to the complainant and the policy was subsequently transferred in the name of the complainant by charging transfer fee and transferring policy in the name of the respondent. The original opponent No.1 further contended that in cover note No.515820 and in the papers sent to the complainant, the policy period is mentioned as 20/07/1998 to 19/07/1999. The opponent No.1 further contended that the period of original policy was 20/07/1999 to 04/01/1999. The opponent No.1 further contented that normally the period of the policy is one year and considering the same, it is the mistake on the part of the subordinates of the original opponent No.1. Hence, the opponent No.1 prayed to dismiss the complaint.
(4) The original opponent No.3 contended that they have sold the vehicle to the complainant and transferred the insurance policy in the name of the complainant and they are not responsible for any deficiency.
(5) The District Forum after going through the complaint, written version filed by original opponents No.1, 2 & 3, evidence adduced by the parties on affidavit and pleading of their advocates observed that in the certificate of insurance issued by the opponent No.1, the insurance period is 20/07/1998 to 19/07/1999. On policy also, the insurance period is 20/07/1998 to 19/07/1999 and on ‘Motor Extra Endorsement’, the date shown is 20/07/1998 to 19/07/1998. Relying on this documentary evidence and the survey report, the District Forum has partly allowed the complaint and directed the opponent No.1 to pay a sum of `89,381/- as per the survey report along with interest @18% p.a. from 03/02/1999. The District Forum has also awarded `10,000/- towards mental agony and `5,000/- as costs.
(6) Aggrieved by this order, the opponent No.1 has filed this appeal. We heard Mr.R.P.Bafna, advocate for the appellant. Mr.Bafna has vehemently argued on the point that the original policy was for the period from 05/01/1998 to 04/01/1999. However, after the purchase of the vehicle from the original opponent No.3, the opponent No.3 had requested for transfer of the insurance policy in the name of respondent. While transferring the policy in the name of the respondent, the appellant had issued a Certificate of Insurance, Motor Vehicle Cover Note and Motor Extra Endorsement. In all these documents, the period of insurance policy is shown as 20/07/1998 to 19/07/1999. The learned counsel further contended that this mistake is clerical and this will not extend the period of policy as original policy is for a period 05/01/1998 to 04/01/1999. We have gone through the documents given by the appellant insurance company to the respondent. The appellant has issued a certificate of insurance cover note and Motor Extra Endorsement wherein the insurance period is shown as 20/071998 to 19/07/1999. If all the documents supplied by the appellant read together the period of insurance is 20/07/1998 to 19/07/1999 and not 05/01/1998 to 04/01/1999 as contended by the counsel. This cannot be treated as clerical mistake. Had the appellant communicated the insurance period of the policy i.e. 05/01/1998 to 04/01/1999 the respondent would have renewed the insurance.
(7) Admittedly, there was an accident on 10/01/1999, the appellant appointed the surveyor and the surveyor had assessed the damage of the vehicle to `89,381/-. On the basis of the documents issued by the appellant to the respondent, the period of insurance is 20/07/1998 to 19/07/1999 and the forum has rightly passed the order taking into consideration facts and circumstances of the case. We do not find any ground to interfere into the same. There is no substance in the appeal. We hold accordingly and pass the following order.
ORDER
(1) Appeal is dismissed. The order dated 23/05/2000 of District Forum, Satara is hereby confirmed.
(2) Inform the parties accordingly.
Pronounced on 27th January, 2012.
