IN THE DIST.CONSUMER DISPUTES REDRESSAL FORUM BELAGAVI.
Dated this 13 September 2017 2017
Complaint No. 590/2014
Present: 1) Shri. B.V.Gudli, President
2) Smt.Sunita Member
-***-
Complainant/s:
Shri Yallappa S/o Parashram Salgude,
R/o: H.No.2069, Kore Galli,
Shahapur, Belgaum.
(By Sri.B.B. Madagoudar, Advocate).
V/s.
Opponent/s:
1. The Proprietor,
Shantesh Motors Pvt Ltd.
Mujawar Compound, Nehru Nagar,
Belgaum - 590 010
2. The Authorised Signatory,
Bajaj Allianza General Insurance Co.
Madiwale Complex, Club Road,
Belgaum.
(Shri D.D. Tigadi, Advocate for OP No.1 &
Shri S.P. Chougule, Advocate for OP No.2.)
(Order dictated by Shri. B.V.Gudli. President)
ORDER
U/s.12 of the C.P. Act, complainant has filed the complaint against the O.Ps. alleging deficiency in service in not paying insurance claim amount.
2) Upon service of notice O.Ps.1 & 2 appeared through their counsel and filed their objections and produced some documents.
3) In support of the claim in the complaint, complainant has filed his affidavit, written arguments and produced some documents.
4) We have heard the argument and perused the records.
5) Now the point for our consideration is that whether the complainant has proved deficiency in service on the part of the O.Ps. is entitled to the reliefs sought?
6) Our finding on the point is negative, for the following reasons.
:: R E A S O N S ::
7) On perusal contents of the complaint and affidavit filed by the complainant, it is stated that, he has purchased car bearing registration No. KA-22/N-2103 from Mr.K.P. Rajmadhav Rao, who was registered owner of the said car. The said car was insured by its previous owner K.P. Rajmadhav Rao under a package/ comprehensive policy bearing No. OG-14-1713-1801-00000862 valid from 13/02/2013 to 12/05/2014. After purchase of the said vehicle, complainant got transferred the said vehicle in his name on 26/10/2013 as such the said car which duly insured with opponent No.2 – insurance company in the name of erstwhile owner. He further state that the complainant received intimation letter from the opponent No.2 dated:02/11/2013. The opponent No.2 asking him to bring the same for physical inspection within 7 days dated 09/11/2013. The complainant wrote a letter on 16/11/2013 stating that said vehicle being met with an accident and it is kept in the garage for its repairs and the fact of the accident is also informed to the Opponent No.2., for which, the surveyor has surveyed the said damaged car and the surveyor submitted his report to the opponent No.2 The surveyor has assessed the damage for Rs.3,85,258/-. The complainant submitted the claim application to the opponent No.2 for damages to the tune of Rs.3,85,258/-. The opponent No.2 wrote a letter dated:09/01/2014 stating that on the date of accident, policy was in the name of earlier owner and not get transferred in the name of the complainant. The complainant has not got insurable interest in the said vehicle at the time of accident. Hence the company is not liable to pay any compensation to the complainant and further states that the provision of Motor Vehicle Act, the transferee application is made within 14 days, the insurance company cannot reject the transfer of policy. If in the transit period, accident takes place, the company cannot reject the liability. In the present case the complainant has intimated the company regarding transfer of the vehicle within 14 days and also applied for transfer of policy. The complainant has not got insurable interest in the said vehicle at the time of accident. Hence the company is not liable to pay damages. Thus, in this stage, the company cannot deny regarding the satisfaction of insurable claim of the complainant. The vehicle in question was purchased by the complainant through opponent No.1, at the time of transfer of the vehicle, there is a mention about the earlier owner who duly permitted the complainant to get transfer of this vehicle in his favour and hence, any contention of the opponent No.2 contended in reply dated: 09/01/2014 has no meaning at all and hence, instead of accepting the claim of the complainant opponent No.2 have committed deficiency in service by repudiating the claim of the complainant. Further, he got issued a legal notice through his advocate, the opponents failed to comply the notice. Hence the complainant has constrained to file this complaint against the OPs.
8) Opponent No.1 filed his objection and affidavit of Shri Vivek Kamalani, Managing Director of Shantesha Motors Pvt Ltd., Belgaum. The opponent No.1 admits that the complainant is the owner of the vehicle and he has purchased the said vehicle from this respondent after verifying the said vehicle with the help of the technical expert of the company for the valuable consideration. This respondent also admits that after purchase of the said vehicle the complainant got entered his name in R.C. Book of the said vehicle and said vehicle was insured with the opponent No.2 and further contended that, the complainant has not made out any claim against this opponent which clear from the contents of the complaint and therefore the complaint against this opponent is devoid of merits and hence not maintainable under the law and therefore the complaint against this opponent may kindly be dismissed with costs.
9) The opponent No.2 filed his objections and admitted that the car bearing registration No.KA-22/N-2103 and the same is registered with R.T.O and also admits that, the said vehicle was fully insured with the opponent No.2 – insurance company under policy package / comprehensive policy bearing No. OG-14-1713-1801-00000862 valid from 13/05/2013 to 12/05/2014 in the name of K.P. Rajmadhav Rao subject to terms and conditions of the policy and denied the contents of the complaint and he contended that the complainant got the said vehicle transferred in his name on 26/10/2013, date of accident is 01/11/2013 and hence at the time accident there is no privity of contract with the complainant by this opponent, as per GR 17. It is further contented that, after purchase of the vehicle the complainant is required to apply for transfer of insurance policy in writing and that too along with consent of the previous owner of the vehicle. The complainant has neither produced any evidence to prove that he applied for insurance in writing nor he has produced any evidence to show that the previous owner gave his consent for transfer of insurance policy in his name. Therefore the opponent No.2 prays for dismissal of the complaint with costs.
10) On perusal contents of the objections and evidence affidavit of opponent No.2, the vehicle was purchased by the complainant on 24/10/2013 and opponent No.2 got transferred on 26/10/2013 and the date of accident is on 01/11/2013. On perusal of the contents of policy which is standing in the name of previous owner K.P. Rajmadhav Rao. On perusal of contents of the complaint, the complainant admits that the vehicle was insured in the name of K.P. Rajmadhav. The complainant has not produced any documents to show that he informed to the opponent No.2 and also transferred insurance policy in his name on the date of accident, the complainant had no insurable interest in the said vehicle at the time of accident. The complainant failed to comply Se. 157 (2) of M.V. act and he failed to transfer the insurance policy within 14 days of transfer of the vehicle. The complainant has not produced any documents to show that he applied for transfer of policy in his name, the advocate for opponent No.2 relied on decision of National Consumer Disputes Redressal Commission New – Delhi in Revision Petition No. 1576 of 2013 Vijayan M V/s Bajaj Allianz General Insurance Company “on scrutiny of documents submitted by your good self it is observed that at the time of accident the insurance policy is in the name of Gopalkrishna Rao whereas the registration book of the vehicle in your name”. As per the above decision, transfer of package policy in the name of the transferee can be done only on getting acceptable evidence of sale and a fresh proposal form duly filled and signed. The old certificate of insurance for the vehicle is require to be surrendered and a fee of RS.50/- is to be collected for issue of fresh certificate in name of the transferee.
11) If for any reason, the old certificate of insurance cannot be surrendered, a proper declaration to that effect is taken from the transferee before a new certificate of insurance is issued. As per Sec. 157 (2) of the Motor Vehicles Act and GR 17 of the Motor Tariff Regulations, it is clear that in the case of package insurance policy, the transfer of own damage section of the policy in favour of transferee shall be done by insurance company in case specific request in writing is made by the transferee of vehicle within 14 days from the date of transfer of ownership. In this case accident took place before the expiry of period of 14 days for applying for transfer of insurance as provided under Section 157 (2) of the Motor Vehicles Act and GR 17 of the Motor Tariff Regulations. Therefore the question which needs answer is whether in such a situation dehors transfer of policy in his name, the complainant is entitled to the benefit under the insurance contract between the insurance company and the previous owner? The answer to the above question is in-built in GR 17 of the Motor Tariff Regulations. In this case the complainant has neither produced any evidence to prove that he applied for insurance in writing nor he has produced any evidence to show that the previous owner gave his consent for transfer of insurance policy in his name. In absence of the any documents, the complainant is not entitled for any damage. The decision relied upon by the opponent No.2 is applicable to the case of the opponent. The complainant failed to prove deficiency on the part of opponents.
12) Taking into consideration of the facts, evidence on record and the discussion made here before the complainant has failed to prove deficiency in service on the part of the O.Ps.
13) Accordingly the following
ORDER
The complaint filed by the complainant is dismissed. No order as to costs.
(Order dictated, corrected and then pronounced in the open Forum on: 13th day of Sep 2017)
