DINESH KUMAR GOLECHHA Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS appeal is directed against order dated 29.3.2006 of District Consumer Disputes Redressal Forum, Rajnandgaon (hereinafter called "District Forum" for short), in Complaint Case No. 64/2004, whereby the complaint of the appellant has been dismissed on the ground that no claim of the appellant has been disallowed or repudiated by the Insurance Company because no such claim was ever preferred, thus there was no deficiency in service. On this ground, the complaint has been dismissed.

(2.) THE facts of the case are that, vehicle No. CG -08 -ZC -0178 was insured by the respondent for the period from 19.6.2003 to 18.6.2004 under Comprehensive Insurance Policy and in that policy the registered owner of the vehicle was shown as Dr. Tarachand Singhi. Later on, on 11.9.2003, the vehicle was transferred by the said Dr. Tarachand Singhi to the appellant herein. On 4.10.2003, the vehicle met with a road accident and was damaged. Claim was preferred before the Insurance Company. Surveyor was appointed. Thereafter the claim was repudiated by the Insurance Company, on the ground that the registered owner was not having insurable interest in the vehicle and the vehicle was driven by a person not having a valid licence. Intimation regarding repudiation of claim was sent to the original owner Dr. Tarachand Singhi as aforesaid. Whereas the claim was preferred by the appellant herein and in this way, the Insurance Company has committed deficiency in service. It has also been pleaded in the complaint by the appellant that I.M.T. GR -17, under which the claim was repudiated was not applicable in the facts of the case. As there is no mention in the insurance policy in that regard and under Motor Tariff Regulation - 10 ,the complainant was entitled to get benefit of the policy.

(3.) THE respondent, in the written version has specifically averred that the insured has preferred the claim, which was repudiated on the ground that he had already transferred the vehicle and no application for change of name of insured in the policy was moved. It was necessary under law that at the time of transfer of the vehicle, within 14 days application for transfer of policy should be made along with requisite fees forgetting the benefit of insurance. It has also been averred that the complainant/appellant herein had not preferred any claim before the Insurance Company.