SRI RITURAJ DEY, Member
The present case has been filed by the complainant praying for direction to OP to give compensation of Rs. 5,22,000/- with 10 percent interest from the date of accident to the complainant till realization and to pay a litigation cost of Rs.10,000/-.
The complainant’s case, in a nutshell is that the complainant is the registered owner of vehicle No. WB-06A/8688 (Mahindra Xyles) which was purchased from Md. Tahir Hussain on 21/08/2013. The said vehicle was transferred in the name of the complainant on 31/10/2013 but the complainant received R.C. Book on 11/01/2014. The said vehicle was insured in the name of said Md. Tahir Hussain for the period of 03/07/2013 to 02/07/2014 with insured value of Rs. 5,22,000/-. The vehicle met an accident on 07/01/2014 at Harina under P.S. Khejuri in Purba Medinipur and for the said accident the vehicle was totally damaged. The accident was informed to Khejuri P.S. being Case No. 04/1411/S279/338/427 IPC started on 9/1/2014. The complainant informed the OP about the said accident on 09.01.2014 on line. The complainant claimed the insured value from the OP but OP has not paid any amount. Hence the case has been filed by the complainant against OP.
The OP has appeared in this case by filing W/V and W/N/A wherein OP has stated that the complainant did not inform to OP according to condition lay down in the policy certificate and the claimant did not hand over all documents of the vehicle and repair amount as well as purchase receipt to the OP to verify the same. The OP has also stated that the claimant did not change the name of the owner of vehicle in the policy certificate after change of ownership. According to OP the claimant as registered owner did not file the FIR, rather one Buddadev Mondal filed the FIR. No explanation has been given by the complainant regarding the matter. As the accident happened due to negligence on the part of driver, so OP is not reliable to pay any compensation.
None of the parties adduced any evidence but they have relied upon the averments in their respective pleadings which were supported by affidavit and the documents submitted by them before this Forum and both the parties submitted their respective W/N/A.
We have gone through the pleading and the documents including W/N/A submitted by the parties on record.
Points for Consideration
- Is there any deficiency in service on the part of the OP?
- Whether the complainant is entitled to get any relief or compensation?
Decision with Reason
With an eye to the above two points the discussions are mentioned bellow:
Points Nos. 1 & 2
Having perused the facts and entire documents filed by the complainant and OP, it reveals that vehicle Mahindra & Mahindra XYLO E2 being No. WB-06A/8688, being chassis No. MAIYA2BVN92D27375 and Engine No. BV94D42058 was transferred in the name of the complainant from previous owner’s name on 31.10.2013 but we do not find any relevant documents regarding the change of name in the policy certificate related to the said vehicle from the previous owner of the said vehicle and claimant of insurance policy of OP to the new owner or complainant of the same vehicle. It has been admitted by the OP that the vehicle being no. WB-06A/8688 met an accident on 07.01.2014 and a survey report had been prepared on 20.01.2014. The OP has also admitted about the change of ownership of the said vehicle.
Having perused the documents as well as provisions of Motor Vehicle Act and the citation placed by the parties, it appears to us that the provision of Sec 157 of Motor Vehicle Act, 1988 is covered under chapter XI which is Insurance of Motor Vehicles against Third Party Risks and hence the said provision is not applicable in the present case. It is found from the documents filed by the parties that the said vehicle was damaged due to said accident.
We also find that in the year 1994, General Insurance Co. issued a circular with regard to transfer of vehicles and the transfer of insurance benefit automatically in favour of the transferee. The said circular is part of the Indian Motor Tariff Regulations which reads as under-on transfer of a vehicle, the benefits under the policy in force will automatically accrue to the new owner. Relying upon the said Indian Motor Tariff Regulations, the Hon’ble National Consumer Disputes Redressal Commission in a decision reported in IV(2007) CPJ 289 (NC) observed that the Insurance Companies would be careful in not taking such stand which is contrary to the regulations framed by the Indian Motor Tariff and Insurance Regulatory Development Authority. It is further observed that -it is high time for Insurance Companies to give information with regard to the Indian Motor Tariff to the insurers and not to take undue advantage of their ignorance as the regulations framed under the Indian Motor Tariff are binding to the Insurance Companies.
Having considered all the aspects we are in view that the OP did not apply their reasoned mind with regard to all relevant fact and circumstances of the case as also the provisions of Motor Vehicle Act and circular issued by the General Insurance Co. in the year 1994 and accordingly there is deficiency in service on the part of the OP.
From the above discussions it appears that the complainant being registered owner of the vehicle which met an accident and became damaged during the validity period of insurance of the said vehicle, is entitled to get the insurance benefit as per surveyor’s report which is Rs.2,47,731/- alongwith 10% interest and litigation cost of Rs.5000/-.
Hence, it is,
Ordered
that the instant case be and the same is allowed against the OP and the Op is directed to pay Rs.2,47,731/- alongwith 10 percent interest as a compensation and Rs.5000/- as a litigation cost to the complainant within 30 days from the date of communication of this order failing which OP will be liable to pay fine of Rs.100/- per day from the date of issuance of this order till compliance of the order in toto. The complainant is at liberty to put the order in execution after expiry of 30 days from the communication of this order.
