By Sri. P. Raveendran, Member:-

The brief of the case:- The Complainant is the R.C owner of the vehicle KL 10V 666 which is insured with the Opposite Party vide comprehensive policy No.3001/-53675375 /00/ B00 for the period from 13.3.2008 to 12.03.2009 while so the vehicle met with an accident at Padinjarathara during the insurance period and the vehicle sustained substantial damages and the same was repaired at authorised workshop of the manufacturer ie German Motors Calicut. Immediately a legal claim was lodged to the Opposite Party in due course. But the claim was repudiated by Opposite Party on 24.1.2008 stating that the policy was in the name of Abdul Rasheed. It is deficiency of service on the part of the Opposite Party. The Complainant spent Rs.30,000/- for repair and he paid Rs.8,000/- for availing taxi for his use. Hence it is prayed todirect Opposite Party to pay:

1. Rs.30,000/- with 18% interest till the payment is made.

2. Rs.8,000/- as Taxi cost.

3. Rs.25,000/- as compensation and to pay the cost of this complaint.

2. Opposite Party appeared and filed his version. In the version Opposite Party submitted that the original R.C owner of the vehicle KL 10V 666 was M. Abdul Rasheed and the policy was from 13.3.2008 to 12.3.2009. The vehicle sold without any notice to Opposite Party. As per norms if such a sale and transfer is affected this should be endorsed to the Insurance Company within 14 days. Mr. Ibrayi endorsed the said policy with Opposite Party after the date of accident. The accident is on 21.12.2008. The endorsement schedule of Private-Car Package Policy issued on 27.12.2008. So the policy shifted to the name of Mr. Ibrayi with effect from 27.12.2008. The policy was not in the name of Mr. Ibrayi on the date of accident and therefore the claim was rightly repudiated. There is no deficiency of service on the part of Opposite Party. Hence it is prayed to dismiss the complaint with cost of the Opposite Party.

3. On perusing the Complaint and version the following points are to considered.

1. Whether there is any deficiency of service on the part of the Opposite Party?

2. Relief and cost.

4. Point No.1:- To prove Complainant's case, he has filed his proof affidavit and produced Exts.A1 to A5 documents. In the proof affidavit he has stated as stated in the complaint. Ext.A1 is the copy of R.C of KL 10 V 666. Ext.A2 is the copy of policy of the above vehicle from 13.3.2008 to 12.3.2009. Ext.A3 is the repair bill for Rs.23,688 issued by German Motors Calicut. Ext.A4 is the repudiation letter. Ext.A5 is the copy of cover note of Motor Vehicle Insurance. Opposite Party also produced proof affidavit. In the proof affidavit he stated as stated in the version. He has also produced 2 documents they are marked as Ext.B1 and B2. Ext.B1 is the Copy of the Endorsement schedule of private Car Package Policy and Ext.B2 is the Copy of Policy Certificate Cum Policy Schedule. The Complainant has also produced a decision of Hon'ble High Court of Kerala reported in 2007 (3) KLT S.N. 72 (case No.93). On perusing the complaint, version and entire documents it is revealed that the policy is not disputed. But the reason for repudiation is the Complainant was not transferred the Insurance Policy into his name before the accident. As per the decision of the Hon'ble High Court it is held that even if the insurance policy stands in the name of a previous owner, the insurer is liable to indemnify the subsequent purchaser. Hence the repudiation of claim is deficiency of service on the part of the Opposite Party. Hence point No.1 is decided accordingly.

5. Point No.2:- Ext.A3 document shows that the Complainant was spent Rs.23,688/- for repairing his damaged vehicle. Hence he is entitled to get that amount from Opposite Party, point No.2 is decided accordingly.

In the result, the complaint is partly allowed and Opposite Party is directed to pay Rs.23,688/- (Rupees Twenty Three thousand Six hundred and Eighty Eight only) to the Complainant within 30 days of receipt of this order. No order as to cost and compensation.

Pronounced in open Forum on this the day of 30^th June 2010.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

A P P E N D I X

Witness for the Complainant:

PW1. Ibrayi. Complainant.

Witness for the Opposite Parties:

OPW1. Pramod Manager Legal ICICI.

Exhibits for the Complainant:

A1. Copy of Certificate of Registration. dt:19.08.2008.

A2. Copy of Endorsement Schedule of Private

Car Package Policy.

A3. Cash Memo. dt:10.01.2009.

A4. Copy of Letter. dt:24.01.2008.

A5. Private Car Package Policy Cover Note

Motor Vehicle Insurance.

Exhibits for the Opposite Parties:

B1. Copy of Endorsement Schedule of Private Car Package Policy.

B2. Copy of Private Car Package Policy Certificate Cum Policy Schedule.