DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> Civil Station, Palakkad – 678 001, Kerala<br /> <br /> Dated this the 11th day of July, 2007<br /> <br /> Present: Prof.O.Unnikrishnan, Member<br /> Mrs.K.P.Suma, Member<br /> I.A.No.79/2007<br /> C.C.No.109/2006<br /> <br /> Akbar,<br /> S/o.Nabeesa,<br /> Kolayil House, Mundur(P.O), Petitioner/<br /> Palakkad - Complainant <br /> <br /> Vs<br /> <br /> 1.The New India Assurance Co. Ltd.,<br /> Nehru Memorial Hall,<br /> 3rd Floor, Dr.Ambedkar Road,<br /> Poona.<br /> 2.The New India Assurance Co. Ltd., Respondents/<br /> Branch Office, Palakkad - Opposite parties <br /> <br /> O R D E R<br /> <br /> By Prof.O.Unnirkrishnan, Member <br /> <br /> Heard the parties. Complainant filed this petition seeking permission to adduce oral evidence to prove that he personally went to the 2nd opposite party office and intimated the change of ownership of the motorcycle in his name. Opposite party filed counter to the effect that the complainant had failed to remit Rs.50/- towards transfer charges within fourteen days from the date of transfer of the vehicle in his name. In the light of above submission, we are of the view that there is no scope in examining the complainant to prove his contentions. Hence the petition is dismissed.<br /> <br /> Pronounced in the open court on this the 11th day of July, 2007 <br /> <br /> <br /> Member <br /> <br /> Member <br /> DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> Civil Station, Palakkad – 678 001, Kerala<br /> <br /> Dated this the 23rd day of January, 2008<br /> <br /> Present: Prof.O.Unnikrishnan, President I/C<br /> Mrs.K.P.Suma, Member<br /> <br /> C.C.No.109/2006<br /> <br /> Akbar,<br /> S/o.Nabeesa,<br /> Kolayil House, Mundur(P.O), <br /> Palakkad - Complainant <br /> <br /> Vs<br /> <br /> 1. The New India Assurance Co. Ltd.,<br /> Nehru Memorial Hall,<br /> 3rd Floor, Dr.Ambedkar Road,<br /> Poona.<br /> <br /> 2. The New India Assurance Co. Ltd., <br /> Branch Office, Palakkad - Opposite parties <br /> <br /> O R D E R<br /> <br /> By Mrs.K.P.Suma, Member <br /> <br /> The case of the complainant is that he purchased one Motorcycle “Bajaj Pulsar” with Registration No.KL9 P2518 on 16.01.2006 and effected the change of ownership with effect from 16.01.2006 and intimated the change with a request to effect the change in the policy. The vehicle is under insurance cover with the opposite party with effect from 18.06.2005 to 17.06.2006 with Policy No.31/152600/132634 in the name of one M.Ali, Kunjoor Manzil, Choorakkunnu, Kannambra, Palakkad District, Kerala.<br /> <br /> The vehicle was stolen during the night of 05.02.2006 and 06.02.2006 from the porch of the complainant's house at Mundur. The theft was noticed <br /> : 2 :<br /> by the complainant at 6 AM on 06.02.06 and a written complaint was filed before Kongad Police Station as crime. No.25 of 2006 and the vehicle has not been seized till date. A claim was lodged before the opposite party but there was no response. Hence the complainant caused a lawyer notice to opposite party on 07.05.2006 by Regd. Post acknowledgement due which was acknowledge by the 1st opposite party but the opposite party have not cared either to compensate the complainant or send any reply to complainant. Hence the complainant had approached before this forum seeking a direction to direct the opposite party to pay an amount of Rs.40,000/- for the value of the vehicle along with Rs.10,000/- towards compensation for the mental agony and costs of this proceedings.<br /> <br /> Notice was issued to opposite parties for appearance after admitting the complaint. Opposite parties entered appearance and filed their version contending the following. There is no contract of insurance with the complainant and the opposite parties. They have only the liability to indemnify the insured. In this case, the complainant is not the insured as per the policy. The insurance policy stands in the name of M.Ali. The policy has not so far been transferred in the name of the complainant. Since the complainant is not the insured of the vehicle, the opposite parties are not liable under the policy. The opposite parties admits that the motor cycle bearing Reg. No.KL9P 2518 was insured with the 1st opposite parties office at Poona for the period from 18.06.05 to 17.06.06 with policy No.31/152600. The name and address of the insured as per the policy is Sri.M.Ali, Kunjoor Manzil, Choorakkunnu, Kannambra NR, Choorakunnu Madrasa, Palakkad District. As per the tariff provisions when the vehicle is transferred, the insurance should be transferred within 14 days in the name of the new owner. Either the complainant or the insured had not intimated the opposite parties regarding <br /> : 3 :<br /> the transfer of the vehicle. As per the allegations in the complaint the vehicle was stolen in the night of 05.02.2006 i.e 20 days after of the transfer. According to opposite parties the fact of transfer of vehicle was not informed and the policy was not transferred in the name of the new owner. The insured has not made any claim with the opposite party for the theft of the insured vehicle. The complainant has without making any claim before the opposite parties, directly filed the complaint before the forum. There is no deficiency of service on the part of opposite parties and the complaint has to be dismissed.<br /> <br /> Complainant filed proof affidavit along with documents. Opposite parties also filed proof affidavit. Complainant filed I.A.No.79/07 to permit the complainant to adduce oral evidence to prove that this complainant personally went to the office of 2nd opposite party and intimated the change of ownership. Opposite party filed counter to the effect that the complainant had failed to remit Rs.50/- towards transfer charges within 14 days from the date of transfer of vehicle in his name. In the light of above submission the forum was of the view that there is no scope in examining the complainant to prove his contentions. Hence the I.A was dismissed. Exbts.A1 to A8 were marked from the part of the complainant. Exbt.B1 was marked from the side of opposite parties. Evidence was closed and matter was heard.<br /> <br /> We have perused the affidavits as well as documents produced before the forum. It is admitted by the the parties and is very clear from Exbt.B1 that the vehicle KL 09 P2518 motorcycle is having valid insurance coverage w.e.f. 18.06.2005 to 17.06.2006. From Exbt.A2 it is obvious that the vehicle was transferred in the name of the complainant on 16.01.2006 and it is effected in the R.C book. It is evident from the copy of FIR of Kongad Police Station in <br /> : 4 :<br /> crime No.25/06 which was marked as Exbt.A5 that the said vehicle was stolen from the complainants house. Exbt.A6 and A7 is very clear that the complaint preferred by the complainant is referred by the Police as undetected. The alleged dispute is only that the change of ownership had not been informed to the opposite party properly as per Section 157(2) of the Motor Vehicles Act. According to the opposite parties the fact of transfer of the vehicle was not informed and the policy was not transferred in the name of the new owner. To substantiate the above contention opposite party had also placed a decision reported in 1996 ACJ pg. 65 to 71 of our Hon'ble Supreme Court which laid down that the transferee was not entitled to be indemnified by the insurer for the damage caused to the vehicle if the policy was not transferred. But this view has been over viewed by our National Commission as well as our High Court. In Maniyan V Velayudhan Nair reported in 2007 (3) KLT SN72 His Lordship Mr.K.Padmanabhan Nair has observed that “even if the insurance policy stands in the name of the previous owner, insurer is liable to indemnify subsequent purchaser in view of the provisions contained u/s157 of the Motor Vehicle Act.”<br /> Similar view has been expressed by our National Commission in Shri. Narayan Singh Vs New India Assurance Co. Ltd reported in IV(2007) CPJ 289 NC(National Commission):<br /> “it was stated that insurance policy taken by the original owner – benefits under policy automatically accrue to new owner on transfer of vehicle. It is highly deplorable on the part of the insurance company to take undue advantage of the ignorance of the consumers. In 1994, a circular has been issued by the General Insurance Company with regard to the transfer of the vehicles and the transfer of insurance benefits automatically in favour of the transferee. The said regulation is part of the India Motor Tariff Regulation.”<br /> : 5 :<br /> In the light of the above decision cited, we are of the view that the Insurance co is liable to indemnify the complainant for the loss of the vehicle. In the result, the complaint is allowed.<br /> <br /> Hence we direct the opposite parties to make necessary steps to make payment liable under the policy to the complainant for the loss of vehicle within a period of one month from the date of communication of this order. Opposite party shall pay an amount of Rs.500/- as costs of this proceedings. The whole amount shall be paid within one month from the date of communication of this order, failing which the complainant is entitled to get 9% interest p.a from the date of order till realisation.<br /> <br /> Pronounced in the open court on this the 23rd day of January, 2008 <br /> Sd/-<br /> Prof.O.Unnikrishnan, President I/C<br /> <br /> <br /> Sd/-<br /> Mrs.K.P.Suma, Member<br /> <br /> Appendix<br /> <br /> Exhibits marked on the side of complainant<br /> Exbt.A1 – Copy of the R.C.Book<br /> Exbt.A2 – Transfer endorsement in the R.C. (Copy)<br /> Exbt.A3 – Tax token<br /> Exbt.A4 – Policy Copy<br /> Exbt.A5 – Copy of FIR on 25/06 of Kongad Police Station.<br /> Exbt.A6 (Series) – Copy of the lawyer notice with postal receipt and acknowledgement<br /> : 6 :<br /> Exbt.A7 – Refer notice to Kongad Police Station.<br /> Exbt.A8 – Refer notice of JFCM II, Palakkad<br /> <br /> Exhibits marked on the side of opposite parties<br /> Exbt.B1 – Policy certificate (duplicate)<br /> Costs (allowed)<br /> Rs.500/- (Rupees Five hundred only) allowed as costs of this proceedings. <br /> <br /> <br /> Forwarded/By Order, <br /> Sd/-<br /> Senior Superintendent