XX XX XX<br /> "vehicle purchased from the original owner who <br /> has taken policy was damaged in accident - Benefits<br /> available to original owner would automatically accrue<br /> to the new owner on transfer of the vehicle and transferee <br /> is held entitled to the insurance claim."<br /> XX XX XX<br /> Reliance is also placed upon another case of Hon'ble National Commission reported as Oriental Insurance Company Ltd. vs. Capt. Ajay Singh Yadav 2008 (II) CPC 296 Much has been urged by learned counsel for the Insurance Comp0any that transfer of the Insurance Policy of the vehicle cannot be held to be effective on the date of accident in respect of the vehicle in question as the application was not moved by the complainant within 14 days under Section 157 of the Motor Vehicle Act, 1988. However, in our considered opinion, failure to move that application within stipulated period of 14 days is not fatal to the insurance claim of the complainant inasmuch as insurance benefits would accrue to the transferee of the insured vehicle on transfer of the vehicle. There is no scope of hyper technical view to discard genuine insurance claim of the insured while placing liberal construction of both statues i.e. Motor Vehicle Act, 1988 and also Consumer Protection Act, 1986 to advance cause of social justice. Therefore, we do not find any valid substance for the repudiation of insurance claim by the Insurance Company vide letters Ex.C8 and C9. There is also no merit in the contention that unidentified driver was not having valid driving licence at the time of accident. inasmuch as Insurance Company had not repudiated the claim on this plea but on the plea of lack of insurable interest in the vehicle by the complainant. This fact is admitted that insurance policy was later on transferred by the Insurance Company in favour of Davinder Singh complainant vide Ex.C12.<br /> 9. Apropos the quantum of damages, Insurance Company had not appointed surveyor to assess estimated loss of the truck involved in the accident. However, complainant got estimated damages of the truck through Dada Motors, Jalandhar vide Ex.C6 amounting to Rs. 2,09,742/ to put the vehicle in working condition. The truck bearing registration No. PB23-B-2191 involved in the accident was of the Model 1994 as per registration certificate and also insurance policy and insured declared value was Rs.2,80,000/-. The criteria for award of estimated damages is governed by the insurance policy Ex.O1 Goods Carrying (Other Than 3-WH)- Public Carriers Package Policy in which 50% depreciation is permissible in respect of the vehicle exceeding ten years of age. Therefore, going by the terms and conditions of the insurance policy regarding the estimated damages, we award amount of Rs. 1,04,871/- besides monetary compensation of Rs.7,000/- for causing mental tension and physical sufferings on account of deficiency in service besides Rs.2000/- as cost of litigation payable by the opposite parties to the complainant within one month from the receipt of copy of this order.<br /> Let certified copies of judgment rendered be supplied/despatched to the parties without any unnecessary delay and thereafter file be consigned to record room.<br /> <br /> Announced : ( Gulshan Prashar ) (Shashi Narang ) ( A.K. sharma )<br /> 17.9.2008 Member Member President.<br />