DATE OF DISPOSAL: 13.06.2024

PER:  SRI SATISH KUMAR PANIGRAHI, PRESIDENT:

The factual matrix of the case is that the complainant has filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Parties (in short the O.Ps.) and for redressal of his  grievance before this Commission.

      2. The complainant is owner of vehicle bearing No. OD-07-L-1509 which was purchased from one Bhagaban Choudhury of Sastri Nagar, Gosaninuagaon, Berhampur, Dist: Ganjam. The said vehicle has valid insurance policy No. 0000000010587402 and the policy was valid from 01.12.2018 to 30.11.2019 and an amount of Rs.6,354/- was deposited by previous owner towards the total premium before the O.P.No.2 for insured declared value of Rs.2,50,000/-. While the matter stood thus, the vehicle in question met with an accident in NH-16 on 19.01.2019 within the periphery of Berhampur Township at about 2 A.M. at Lanjipalli By-pass. Immediately FIR was lodged before the Police Authority. The matter of accident of the vehicle was also intimated to the O.P.No.2 at Berhampur office for insurance claim.  The said O.P.No.2 instructed/advice to handover the vehicle at M/s Utkal Automobiles Ltd. Tata Benz square, Berhampur and it was complied by the complainant.  The total loss was estimated at Rs.1,64,578/- by M/s Utkal Automobiles Ltd., Berhampur. In the meantime a letter dated 7.12.2019 was handed over by one Bhagaban Choudhury to the complainant wherein the claim of the insurance was declined.  The complainant had purchased the aforesaid vehicle from said Bhagaban Choudhury and accordingly there is certificate of registration in the name of the complainant issued by the registering authority Odisha state. There was proper application for intimation and transfer of ownership of motor vehicle before the registering authority Ganjam, Chhatrapur with all such particulars on 30.08.2019. The complainant deposited Rs.868/- before the said registering authority Ganjam, Chhatrapur towards fee for transfer of ownership on 31.08.2019. The advocate for the complainant issued one legal notice to the O.Ps on 19.01.2020 to settle the claim. The O.P.No.1 in his letter dated 31.01.2020 through his advocate to the advocate of the complainant endorsed reply in indicating the materials in negative tone. The Hon’ble Supreme Court of India in Civil Appeal No. (s) 9310 of 2017 arising from SLP No. 24702 of 2015 dated 14.07.2017 reported in AIR 2017 (SC) 3572 held that the vehicle insured on dated of accident- insurer’s liability to pay compensation continued even if vehicle stood transfer to another. In terms of the aforesaid law laid down by the Apex Court, the complainant is entitled to the claim benefits along with compensation. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to pay the claim of Rs.1,64,578/- with 18% interest, compensation of Rs.25,000/- and litigation costs of Rs.10,000/- in the best interest of justice.

      3. The Opposite Parties filed written version through his advocates. Sri Bhagaban Choudhury is the registered owner of the vehicle bearing Registration No. OD-07-L-1509 and obtained insurance policy to cover the risk for the period from 01.12.2018 to 31.11.2019 by depositing the required premium. The above insurance policy obtained by Bhagaban Choudhury covers the risk of third party liability as well as own damages liability. The above vehicle purchased by Swadhin Kumar Das has not transferred the insurance policy by depositing the required premium to cover the risk of own damages liability. The complainant has not deposited the required premium to transfer the ownership in the insurance policy certificate. Non deposit of premium of Rs.50/- alongwith fresh proposal towards transfer of name of complainant, the claim is not maintainable and hence the O.Ps have rightly repudiated the claim of complainant as he has no insurable interest. The allegation of deficiency of deficiency of service leveled against the O.Ps are also not maintainable, as the complainant has not deposited the required premium as well as fresh proposal to obtain a new insurance policy to cover the risk of the own damage claim. The complainant has no insurable interests over the claim and hence the O.Ps have rightly repudiated the claim, and for that the present claim made against the O.Ps are not maintainable and the same is liable to be dismissed.

      4. On the date of hearing the advocate for both parties are present. We heard argument from both sides at length. The Commission perused the complaint petition, written version, evidence on affidavit, written arguments and documents available in the case record.

There is no dispute about the consumer of service in between both the parties. The op has admitted that the present complainant is the owner of the vehicle. But the complainant did not take steps to change the name of the insured in the insurance policy in accordance to the statutory provisions of the M.V.Act, 1988. It is apparent from the case record that, the vehicle in question was insured and on the material date the insurance policy was in force. The complainant admitted in his complaint that, he claimed insurance for own damage of the vehicle but not for the third party liability. Therefore, the deemed transfer as contemplated under Section 157 of the Motor Vehicles Act cannot be made applicable in the case of own damage since the claim of own damage is something between the insurance company and the insured, who are parties to the contract of insurance," Hence the citation upon which the Complainant relied is distinguishable from the facts and not applicable in the present case. The complainant failed to prove the deficiency in services on the part of the opposite party.

In the above circumstances, the Commission dismissed the complaint against the opposite parties. No cost.

              This case is disposed of accordingly.

                The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.

             A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019.

            The file is to be consigned to the record room along with a copy of this Judgment.

Pronounced on 13.06.2024