ORIENTAL INSURANCE COMPANY LIMITED Vs. GURMUKH BHIRANI

JUDGEMENT

(1.) THIS appeal is directed against order dated 28.01.2013, passed by District Consumer Disputes Redressal Forum, Raipur (C.G.) (henceforth District Forum") in Complaint Case No.1089/2011. By the impugned order, learned District Forum, has partly allowed the complaint of the respondent (complainant) and directed the appellant (O.P.) to pay a sum of Rs.1,92,905/ - to the respondent (complainant) within a period of one month from the date of order as compensation along with interest @ 6% p.a. from the date of filing of the complaint i.e. 28.12.2011 till date of payment. The District Forum has further directed the appellant (O.P.) to pay a sum of Rs.10,000/ - as compensation for mental agony and Rs.3,000/ - as advocate fees and cost of the litigation to the respondent (complainant).

(2.) BRIEFLY stated, the facts of the complaint of the respondent (complainant) before the District Forum are : that the respondent (complainant) has purchased the vehicle bearing registration No.C.G. - 04 -J -0403 from one Bholaram Chandrawanshi, Bhatapara, District Raipur on 20.01.2010. The said vehicle was insured by the appellant (O.P.) on 21.01.2010 and the insurance policy No. was 191190/31/2010/3325. As, on 20.01.2010 the said vehicle was registered in the name of Bholaram Chandrawanshi, hence the insurance was also done in the name of Bholraram Chandrawanshi and the knowledge regarding it was to the appellant (O.P.). After registration of the vehicle in his name the respondent (complainant_ move applications before the appellant (O.P.) for many times for transfer of the policy in his name, but the appellant (O.P.) had not transferred the policy in his name. The said vehicle suffered a road accident on 18.02.2010. Intimation regarding the incident was given by the respondent (complainant) to the appellant (O.P.) and submitted claim before the appellant (O.P.) for Rs.2,54,971/ -. The appellant (O.P.) repudiated the claim of the respondent (complainant) on the ground that contract was not in existence between the appellant (O.P.) and respondent (complainant). The respondent (complainant) sent notice to the appellant (O.P.) through advocate in reply of which the respondent (complainant) is not entitled for any compensation because the policy was not transferred in his name. Therefore, the respondent (complainant) filed consumer complaint before the District Forum, seeking compensation of Rs.2,54,971/ - regarding damage to the vehicle and Rs.25,000/ - towards compensation for mental agony.

(3.) THE appellant (O.P.) filed his written statement before the District Forum and denied the allegations leveled by the respondent (complainant) against it.