O R D E R
SRI.D. KRISHNAPPA, PRESIDENT:
The grievance of the complainant against the Op in brief is, that he had purchased a second hand Tata Indica Car from one Dr. H.G.Ramachandra Rao, who had insured his vehicle with Op which was valid from 30/09/2008 to 20/09/2009 with a comprehensive insurance. That he got the RC transferred to his name w.e.f 13/08/2009, because of his employment as a Sales Manager he could not get the insurance policy transferred to his name before 24/08/2009. That he got the insurance policy transferred in his name w.e.f from 24/08/2009 within 14 days of transfer of R.C. That his vehicle met with a road traffic accident and he made a claim with Op for reimbursement of the repair charges. That the Op assured him his claim is under process but the Op except a false assurance did not reimburse the damages. That he has spent Rs.10,000/- towards repair charges. He is entitled for reimbursement and has also prayed for awarding Rs.10,000/- towards mental agony with interest @ 15% p.a.
2. Op has entered his appearance through his advocate and filed version without disputing the transfer of ownership of the car in favour of the complainant on his purchasing that car. Op has also admitted the effective insurance period as claimed by the complainant. It is further stated that the complainant has not furnished the full details of his claim and stated that policy came to be transferred in the name of the complainant on 24/08/2009 after expiry of 14 days fixed for getting it transferred as provided U/s 157 of M.V Act. Op further contended that the complainant since did not get the policy transferred in his name there is no legal obligation for them to pay the repair charges and subsequent transfer of policy do not ensured to the benefit of the complainant and therefore stated that after getting ownership of the vehicle transferred, the complainant did not get the insurance policy transferred in his name and thereby further denying their liability has prayed for dismissal of the complaint.
3. In the course of enquiry into the complaint, the complainant and a Senior Manager of Op have filed their affidavit evidence reproducing what they have stated in their complaint and version. The complainant along with complaint has produced a copy of RC book, copy of transfer of policy w.e.f 24/08/2009, a copy of invoice disclosing repair charges he had paid, with a copy of legal notice he got issued to the Op. Op has produced a copy of insurance policy standing in the name of the complainant with a copy of terms and conditions of the policy. We have heard the counsel for both parties and perused the records.
4. On the above contentions, following points for determination arise.
- Whether the complainant proves that the Op has caused deficiency in his service in not reimbursing repair charges?
- To what relief the complainant is entitled to?
5. Our findings are as under:
Point No.1 : In the affirmative
Point No.2 : See the final order
REASONS
6. Answer on point No.1: As it is manifest form the rival contentions, we do not find any dispute about this complainant purchasing a second hand car from its erstwhile owner namely Dr.H.G.Ramachandra Rao for consideration then transfer of RC immediately thereafter to his name. The Op has also not disputed the claim of the complainant and his vehicle having had met with road traffic accident on 23/08/2009 and cost of repairs amounting to Rs.8,900/- that the complainant incurred to get his damage vehicle repaired. The Op it is found refused to reimburse repair charges on the ground that the complainant did not get the insurance policy transferred in his name as on the date of accident. Thus it is clear from these facts, the only ground on which Op has refused to reimburse the repair charges is that the complainant did not get the insurance policy transferred in his name as on the date of accident. With this, we shall examine whether the stand of the Op taken to refuse the reimbursement is justifiable or not.
7. In a decision reported in I (2009) CPJ Page 183, between Oriental Insurance Company Vs OM Prakash Gupta the Hon’ble National Commission has held that as per GR 10 issued by Tariff Advisory Committee on sale of vehicle, benefits under policy on the date of transfer, automatically accrued to new owner vehicle already transferred in the name of the complainant in RTO record. Complainant is therefore held entitle to benefits accruing from the policy and insurer was held liable to pay value of the vehicle with interest.
8. Based on this decision, we hold that complainant since got his RC transferred in his name on 13/08/2009 and though he got his insurance policy transferred in his name on 24/08/2009 he is entitled for repair cost to his vehicle arose due to road traffic accident on 23/08/2009. We further hold that insurance obtained by the earlier owner on the vehicle ensured to the benefit of the subsequent purchaser and therefore, we hold that the Op is wrong in denying the benefit of the policy to the complainant and the denial amounts to deficiency in the service.
9. The complainant has produced a copy of the bill for having incurred repair charges of Rs.8,900/-. But the complainant has claimed Rs.10,000/- for which, we find no basis. Op has not disputed the correctness of this bill. Therefore, the complainant is entitle for reimbursement of Rs.8,900/- towards repair charges besides other reliefs. As the result, we answer point No.1 in the affirmative and pass the following order.
O R D E R
Complaint is allowed. Op is directed to reimburse Rs.8,900/- (Rupees Eight Thousand Nine Hundred only) towards repair charges to the complainant within 30 days from the date of this order. Failing which, they shall pay interest @ 9% p.a from the date of this order till payment.
Op is also directed to pay Rs.4,000/- (Rupees Four Thousand only) to the complainant towards hardship, mental agony and delay caused in meeting the legal right of the complainant.
Op shall also pay cost of Rs.1,500/- (Rupees One Thousand Five Hundred only) to the complainant.
Dictated to the Stenographer. Got it transcribed and corrected. Pronounced in the Open forum on this the 20/12/2010.
MEMBER MEMBER PRESIDENT
