BEFORE THE HYDERABAD

F.A.No.849 OF 2008 AGAINST C.C.No.368 OF 2005 DISTRICT FORUM-IIHYDERABAD

Between:

A.Venkateswara Rao S/o Sanjeeva Rao
aged about 45 years Occ: Owner of the Nalgonda District

                                                       A N D

1.                                

2.                                                                                               

Counsel for the Appellant            

Counsel for the Respondent

AND

SRI R.LAKSHMINARASIMHA RAO, HON’BLE MEMBER

.MONDAY THE THIRTY FIRST DAY OF JANUARY

TWO THOUSAND ELEVEN

Oral Order (As per Sri R.Lakshminarasimha Rao, Hon’ble Member)

                                       1.    

2.      insurance company vide policy No.612800 for the period from 30.10.2002 to 29.10.2003.    `80,298/- as per the surveyor report submitted to  

3.              

4.             

5.     

6.    

1)               Whether the insurance policy issued by the opposite party was transferred in the name of the appellant by the date of the accident?

2)               Whether there was any deficiency in service on the part of the opposite parties?

3)               To what relief?

7.     The vehicle was involved in the accident on 6.4.2003 i.e., after the complainant has purchased it from the opposite party n o.2. There is no dispute of the fact that the vehicle was insured with the opposite party no.1 or opposite party no.2 for the period from 30.10.2002 to 29.10.2003.  `80,298/- for reimbursement of which he had lodged claim with the opposite party no.1.  `80,298/-.    

8.         of an insurance contract.     

9.    rd 

10.         rd       

11.                             

On transfer of a vehicle the benefits under the policy in force on the date of transfer shall automatically accrue to the new owner.   recovery of the differences between his entitlement  and/or termination of the existing policy the transferee will be eligible for Bonus or subjected to malus as per his own entitlement. 

12    rdparty risk under the Motor Vehicles Insurance Act and the other benefits flowing out of comprehensive insurance policy . 

157. Transfer of certificate of insurance.

(1)               1[Explanation.-For the removal of doubts, it is hereby declared that such deemed transfer shall include transfer of rights and liabilities of the said certificate of insurance and policy of insurance.]

(2) The transferee shall apply within fourteen days from the date of transfer in the prescribed form to the insurer for making necessary changes in regard to the fact of transfer in the certificate of insurance and the policy described in the certificate in his favour and the insurer shall make the necessary changes in the certificate and the policy of insurance in regard to the transfer of insurance.

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                                                                  KMK*