NCDRC

NCDRC

RP/2916/2009

DARSHAN KUMAR - Complainant(s)

Versus

UNITED INDIA INSURANCE CO. LTD. - Opp.Party(s)

MRS. SHWETA VERMA

09 Mar 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 2916 OF 2009
(Against the Order dated 08/01/2009 in Appeal No. 1095/2006 of the State Commission Haryana)
1. DARSHAN KUMARS/o Sh. Ram Kishan, R/o Barhan Tehsil, ThanesarKurukshetra ...........Petitioner(s)
Versus
1. UNITED INDIA INSURANCE CO. LTD.Through its Branch Manager, Branch Office KaithalHaryana ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE B.N.P. SINGH ,PRESIDING MEMBER
For the Petitioner :MRS. SHWETA VERMA
For the Respondent :MR. A.K. DE

Dated : 09 Mar 2010
ORDER

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Heard learned counsel for the petitioner and respondent on admission. The factual backgrounds are that petitioner had purchased a Maruti Car from previous owner Sri Nitin Maggon. The Car was insured with respondent Insurance Company vide cover note No.713748. It is not in dispute that the car in question was transferred in the name of the petitioner on 1.1.2003 which is evident from transfer documents. As ill luck would have it, the car in question met with an accident, having collided with a truck on 24.1.2003 and it was totally damaged. The insurance Company -2- was informed about the incident followed by submission of claim by petitioner alongwith requisite documents as required by respondent. However, claim was repudiated by Insurance Company holding that though the car in question was transferred in name of petitioner, the insurance policy had not been transferred in his name. Aggrieved with repudiation of claim, complaint was filed with District Forum which was resisted by respondent, reiterating the grounds of repudiation made earlier. The District Forum having taken notice of the provisions of Section 157 of the Motor Vehicles Act, which is mandatory in nature to be followed after transfer of the ownership of the vehicle, dismissed complaint. The aggrieved petitioner brought the matter in appeal which too did not find favour with the State Commission which having taken notice of the salutary provisions of Section 157 (2) of the Motor Vehicles Act, did not find merit in appeal and confirmed the finding of the District Forum. Twin grounds are raised by learned counsel for the petitioner to assail the finding of the State Commission. It is sought to be urged that by virtue of legal fiction flowing from Section 157 (1) of the Motor Vehicles Act once ownership of the vehicle is transferred to the transferee, certificate of -3- insurance is deemed to be transferred. Other ground is that the petitioner had applied for transfer of insurance in his name before the respondent on 23.1.2003. Reliance was placed also on a decision of the National Commission in the matter of Oriental Insurance Co. Ltd. vs. Om Prakash Gupta & Anr. Reported in 1 (2009) CPJ 183 (NC). However, without dilating the issue further, in view of other catena of decisions of the National Commission and also the Hon’ble Apex Court in the matter of Complete Insulations (P) Ltd. vs. New India Assurance Co. Ltd. reported in (1996) 1 SCC 221 and the other in the matter of G. Govindan vs. New India Assurance Co. Ltd. and others reported in (1999) 3 SCC 754, the insurance liability under the Act would extend only to risk or damage to property of third party only, since deeming provision provides for transfer of third party risk only. I find that no fault can be found with the finding of the State Commission, which was based on meticulous appreciation of issue, which merits consideration. In that view of the matter, the revision petition being devoid of merit is dismissed with no order as to costs.



......................JB.N.P. SINGHPRESIDING MEMBER