JASWINDER SINGH Vs. NEW INDIA ASSURANCE CO. LTD

JUDGEMENT

(1.) Leave granted.

(2.) The Appellant had purchased a Car from its previous Owner and had applied for a change in registration. The Car was insured by the previous Owner under an Insurance Policy, dtd. 14/9/2009. Two events occurred on 25/3/2010. The Registration of the Car was transferred in the name of the Appellant and on the same day, the Appellant met with an accident while he was driving the Car. Following the accident, the Appellant submitted a claim with the Respondent No.1-Insurance Company but the Insurance Company did not entertain the same.

(3.) The Appellant had approached the District Consumer Disputes Redressal Commission by filing Consumer Complaint No.830/2010 under Sec. 12, Consumer Protection Act, 1986. The District Forum allowed the Complaint by an Order, dtd. 2/6/2011. The Insurance Company filed First Appeal No.1164/2011 before the State Consumer Disputes Redressal Commission. The Appeal was allowed by an Order, dtd. 17/1/2013 on the grounds that under Sec. 157(2) of the Motor Vehicles Act, 1988, the Appellant was liable to inform the Insurance Company about the change in registration within 14 days. However, as the Appellant failed to do so, the State Commission held that the claim was rightly repudiated by the Insurance Company. The Appellant filed a Revision Petition No.1379/2013 before National Commission. By the Order impugned before us, it dismissed the Revision Petition on 16/4/2015. The present Appeal arises out of the said decision of the National Commission.