NEW INDIA ASSURANCE COMPANY LIMITED Vs. VINOD KUMAR

JUDGEMENT

(1.) THIS appeal arises out of order dated 22.4.2009 passed by the District Consumer Forum (DCF), Bhilwara whereby the complaint was allowed in the manner that the Assurance Company was directed to pay to the Complainant a sum of Rs. 2,24,000 with interest @ 9% per annum from 5.12.2007 till the payment is made besides Rs. 1,000 as cost of litigation. The vehicle in question was owned by Shri Shyam Sunder from whom the same was purchased by the Complainant and got thereafter it registered in his favour. The insurance was obtained by the previous owner for the period from 15.4.2006 to 14.4.2007 which Was not transferred in favour of the Complainant. The said vehicle was stolen away in the mid -night of 13 and 14 April, 2007 and the report was also lodged with the Police Station but it could not be traced. When the claim was lodged with the Assurance Company, the amount was not paid on the ground that there was no privity of contract between the Complainant and the Assurance Company as the insurance cover was not got transferred in favour of the Complainant.

(2.) I have heard both the Counsel and gone through the file.

(3.) AT this juncture, I may refer ruling of the Hon'ble Supreme Court. While deciding Complete Insulations (P.) Ltd. v. New India Assurance Co. Ltd., 1996 1 CPJ 1 , held as under: