Complaint No.96/2016

ORDERS

          The aforesaid complaint came on today’s board to hear on registering the case and issuance of notice. LC for complainant submits. Heard. Proceed to pass the order

Order

          The present complaint is submitted by the complainant praying for issue direction to respondent to settle the claim amount under the policy along with interest and to award compensation, cost of the proceedings and to grant such other reliefs, submitting that the complainant had insured his Hyundai -i10 car bearing registration no.KA 30/M-3963 with the respondent. The said vehicle while it was plying towards Savanur and when the car while proceeding near Badani village on the way to Savanur caught fire and was completely burnt. The fire incident was registered in AF 1/2016 of Savanur P.S. Thereafter complainant submit claim to the respondent. In turn the respondent illegally rejected the claim as per the letter dtd.15.02.2016 on the ground that insured was transferred the name of the complainant from 03.07.2015 but the said fact of change of ownership is not intimated to the insurance company which is a violation of policy condition/ nonexistence of insurable interest. The non-settlement of claim amounts to deficiency in service. Hence, the complainant filed the instant complaint praying for the relief as sought.

          Based on the submission made by the complainant coupled with pleadings we inclined to peruse the documents relied by the complainant. Perusal of insurance policy document C5 pertaining to the vehicle in question KA 30 M 3963 bearing policy no.2413003115P101621568 covering the risk for the period 14.05.2015 to mid-night 13.05.2016 stood in the name of Prema Ramesh Naik. Whereas the case of the complainant is that the complainant is the owner of the said vehicle and same was purchased by its previous owner Prema Ramesh Naik. As admitted by the complainant and as per the police complaint, document C2 dtd.06.02.2016 wherein it is stated the vehicle in question met with fire accident on 03.02.2016 by about 17.30 hours. But complainant did not produced any documents to show that he has applied to the respondent to change the policy in his name or subsequent to purchase of the vehicle in question he got insured the said vehicle in his name. But the complainant claiming the reliefs based on the insurance policy document C5 which was stood in the name of previous owner Prema Ramesh Naik. Under those circumstances repudiation letter C-1 repudiating the claim addressing to the previous insured name is on proper grounds and the repudiation is justified because the complainant on the guise of transfer of vehicle without intimation to the insured nor soughting for transfer of insurance in his name has no claim as there was no insurable interest under the policy in question document C5. The complainant also relied on citation United India insurance co., vs. Tilak Singh & ors., 2006 ACJ 1441 Supreme Court. The relied citation is not applicable to the present complaint filed claiming own damages claim. That citation is applicable only with regard to the 3^rd party claim. Hence, the present complaint is not maintainable as such complaint is dismissed. No order as to costs.