HARMANDEEP SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Petitioner seeks a mandamus for directing respondents No.2 and 3 i.e. the District Transport Officer, Ludhiana and the District Transport Officer, Hoshiarpur respectively to issue the necessary certificate as regards cancellation of the Registration Certificate of vehicle bearing registration No.PB-10-BT-4141 (make Skoda Octavia).

(2.) It has been averred that the petitioner purchased a second hand vehicle bearing registration number as afore noticed and which had initially been registered with the District Transport Office, Ludhiana. Petitioner being a permanent resident of District Hoshiarpur had got the ownership of the vehicle transferred in his own name at the office of District Transport Officer, Hoshiarpur. On 21/12/2016, the vehicle entailed total loss on account of fire. DDR No.23 dtd. 23/12/2016 was registered. Since the vehicle was insured with the Oriental Insurance Company, the incident was reported to the concerned branch of the Insurance Company where upon the surveyor visited the place of occurrence and inspected the damaged vehicle and assessed the total loss suffered to be Rs.1,73,000.00. The Insurance Company on the basis of the report submitted by the surveyor, passed the claim of Rs.1,73,000.00 in favour of the petitioner subject to the condition that the Registration Certificate (R.C.) be got cancelled from the concerned authority.

(3.) Counsel submits that an application dtd. 20/2/2019 (Annexure P-8) seeking cancellation of the Registration Certificate of the vehicle in question was made to the District Transport Officer, Hoshiarpur but the same has not even been entertained.