ORDER

Date of order:     03 -03-2017

Upendra Jha,Member       

                   This appeal is directed against the order dated 24-06-2015 passed by the District Consumer Forum, Patna in Complaint Case No. 22 of 2008 by which the complaint has been dismissed.

2.                Shortly, the case of the complainant is  that he purchased a secondhand Toyota Car from Ashok Chaurasia at Bhadoi in U.P.it was temporarily transferred in the name of appellant and insured by the respondent-Insurance Company on payment of premium Rs, 21,056/- assured value Rs. 5, 36,496/-, later on the vehicle was permanently transferred  in the name of appellant. The car on 25-01-2007 met with an accident in Giridih. It was informed to the Insurance Company on 26-01-2007. Jagdamba Auto Service Pvt. Ltd. Prepared an estimate of repairing for Rs. 07, 04,836/-.The appellant submitted a claim enclosing the estimated cost. Surveyor was deputed by the respondent-Company. But, the claim was repudiated vide letter dated 10-07-2007, due to 64 VB violation and misrepresentation. He filed a complaint case before the District Forum, Patna. The Opposite-party contested the case. After hearing parties, the District Forum dismissed the complaint against which this appeal is preferred.

3.                           Appellant has filed written notes of arguments. Heard the counsel for the appellant and the respondent.

4.                           The counsel for the appellant –complainant submits that the surveyor deputed by the respondent-O.P. Company did not submit the report and  the District Forum has dismissed the claim which is not sustainable in the eye of law. The car was insured and Policy Paper was issued in the favour of the appellant. The damaged car is still parked in the Authorized Service Station at Patna but no person came to investigate the damaged car. The respondent-Company has repudiated the claim on the basis of surveyor report stating that earlier temporary registration of car was found false. Order passed by the District Forum, Patna is misconceived. It has observed that on the date of accident on 25-01-2007 appellant was not the owner of that car but this is not the fact; he was owner of the car on the date of accident. Temporary registration was valid from 27-12-2006 to 26-12-2007 which has been annexed with Memo of appeal. Policy Certificate has been issued on that basis. Now, the car has been repaired with a cost of Rs. 4,95,550/- (Rupees four lacs , ninety five thousand and five hundred fifty only) on 06-03-2010 enclosed with Memo. Hence, the District Forum order be set aside and the appeal be allowed.

5.                           Having considered the grounds taken in appeal, submissions of the appellant and on perusal of the order passed by the District Forum as also the materials available on record, it appears that the District Forum has considered the matter in correct perspective. The surveyor deputed by the Company submitted report on 29-06-2007 stating that the road Tax was deposited on 18-07-2006 in DTO Office Merath is false and fake; no such road tax has been deposited. However, DTO Bhadoi allegedly issued temporary registration certification on 23-11-2006 but RTO Bhadoi certified that no temporary certificate was issued by RTO, Bhadoi. These documents have not been produced in record of appeal. As the Insurance Company has insured the vehicle without proper verification of registration certificate, so the liability of compensation payment goes to the Insurance Company. It is violation of the terms of Insurance Policy. In the case of Sri Narayan Singh vs. New India Assurance Company in Revision Case No.556 of 2002 decided on 22-05-2007, the Hon’ble National Commission held that vehicle purchased from original owner, met with an accident, benefits under policy automatically accrue to new owner and Insurance Company is liable to pay the compensation. In the light of above decision the case needs re-hearing. Hence, the appeal is allowed and remanded to District Forum for fresh hearing and for passing a reasoned order within three months from the receipt of this order.

6.                           The appeal is allowed.

       S.K.Sinha                         Renu Sinha                  Upendra Jha                                                                      

      President                           Member (F)                   Member (M)

           Anita