BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
BANGALORE (ADDL. BENCH)
DATED THIS THE 23rd DAY OF OCTOBER 2024
PRESENT
SRI RAVISHANKAR, JUDICIAL MEMBER
SMT. SUNITA .C. BAGEWADI, MEMBER
APPEAL NO. 1166/2017
1. | The Legal Manager, Magma HDI Gen. Ins. Co., Ltd., Magma House, 24, Park Street, Kolkata 700 016. | … Appellant/s |
2. | The Legal Manager, Magma HDI Gen. Ins. Co., Ltd., No.202B, 2nd Floor, Mandhan Towers, 7-1-59/ 2859/B, Ameerpet, Hyderabad 500 016. | |
3. | The Legal Manager, Magma HDI Gen. Ins. Co., Ltd., 2nd Floor, No.36, H.M.J.C., Minerva Circle, J.C. Road, Bangalore 560 052. (By Sri A.N. Krishna Swamy, Advocate) | |
V/s
Sri Vandan .T. Jain, Aged about 24 years, Occ : Business, R/o Vijay Metal Mart, Ande Chatra Circle, Chikmagalur 577 101. (By Sri Shrikanth.R. Sattigeri, Advocate) | ... Respondent/s |
ORDER
SRI RAVISHANKAR, JUDICIAL MEMBER
The appellants/Opposite Parties have preferred this appeal being aggrieved by the Order dt.30.01.2017 passed in CC.No.465/2015 on the file of 3rd Additional District Consumer Disputes Redressal Commission, Bangalore.
2. Heard the arguments of appellant.
3. Perused the appeal memo and Order passed by the District Commission. We noticed that the District Commission had directed the appellants to reimburse Rs.3,19,174/- towards own damage claim of the vehicle. Against which, the appellants before this Commission and submits that as on the date of accident, the complainant/ respondent was not a policy holder of the vehicle. He had purchased the vehicle from one Mr. D. Muniraj and the RC was transferred to his name, but, the complainant failed to transfer the policy into his name. During that time, the vehicle met with an accident since there is no insurable interest, the claim was repudiated. Aggrieved by the same, the complainant approached the District Commission and sought for payment of the repair charges. The District Commission after trial allowed the complaint. The Order passed by the District Commission is not in accordance with Law, when there was no insurable interest, this appellant not liable to pay the own damage claim. The repudiation not amounts to any deficiency in service, hence, prayed to set aside the Order passed by the District Commission and dismiss the complaint in the interest of justice and equity.
4. We noticed that the respondent had transferred the RC from the previous owner i.e. Mr. D. Muniraj with effect from 12.02.2014 and the accident occurred on 14.02.2014 since the RC was transferred, the respondent had a time of 14 days to transfer the policy stood in the name of previous owner into his name. During that time, the vehicle met with an accident i.e. on 14.02.2014. When the accident occurred between 14 days i.e. within a grace period, the respondent is deemed to be the owner and policy holder of the vehicle if any accident occurred, he is entitled to get own damage claim. But, the appellants have repudiated the claim intoto without considering the grace period of 14 days, hence, it is a clear case of deficiency in service.
5. The District Commission rightly appreciated the said grace period and allowed the complaint, but, made an error in directing the appellants to pay total expenses spent towards the repair of the vehicle. Infact this appellant is liable to pay only surveyor assessed amount and not the estimate amount. Here, the surveyor has assessed the loss to the tune of Rs.2,09,438/-, hence, the respondent/ complainant is entitled to get Rs.2,09,438/- only and not the expenses spent. As such, the Order passed by the District Commission requires to be modified. Hence, the following;
O R D E R
The appeal is disposed-of.
The Order dt.30.01.2017 passed in CC.No.465/2015 on the file of 3rd Additional District Consumer Disputes Redressal Commission, Bangalore is hereby modified as under;
The complaint is allowed.
The Opposite Party Nos. 1 to 3 are directed to pay Rs.2,09,438/- to the complainant within 30 days from the date of receipt of this Order. Failing which, the said amount shall carry interest at 12% p.a. from the date of Order, till realization. The award of compensation and costs remains unaltered.
The amount in deposit shall be transmitted to the concerned District Commission for disbursement of the same to the complainant.
Send a copy of this order to both parties as well as Concerned District Commission.
Sd/- Sd/-
MEMBER JUDICIAL MEMBER
KCS*
