NATIONAL INSURANCE CO., LTD Vs. PUTTA RAJASEKHAR REDDY

JUDGEMENT

(1.) The appellant is the complainant.

(2.) The factual matrix of the case is that the 1st respondent was the original registered owner of TATA Indica vehicle bearing previous registration No.AP26MTR 4327 and present registration No.AP03AD 3399. The vehicle was insured with appellant under insurance policy bearing No.550904/31/08/6100000782 for the period from 02.12.2008 to 01.12.2009. The vehicle was purchased by 2nd respondent on 17.03.2009 from 1st respondent. The 1st respondent paid life tax of Rs. 34,440/- valid up to 19.12.2022, and the vehicle was registered as AP03 AD 3399 by the Registering Authority under Form No-24. On 05.04.2009 at about 3.30 p.m. while the vehicle was proceeding from Tirupati to Piler, an accident took place near Nemaligundlu, near Bhakarapet, due to sudden burst of front tyre, on account of which, the vehicle was lost control, got down the road margin, hit the road side rock and rolled down, resulting heavy impact damages to the vehicle. The persons inside the vehicle Shaik Mubarak and Mohammad Ali and the driver Shaik Faooki sustained injuries. The injured were shifted to Piler Government hospital in 108 Ambulance and Mohammad Ali died later in the hospital.

(3.) The accident was intimated to Bhakarapet police through hospital intimation No.135/GL dt:05.04.2009 from Piler Government hospital, and a case in crime No.29/2009 under Sections-337 and 279 IPC was registered and investigated into by Bhakarapet police on 06.04.2009. The accident was also informed to appellant and the appellant deputed insurance surveyor by name B.R.K.Reddy of Vijayawada, to assess the loss of the damaged vehicle and the surveyor submitted his report dt:30.04.2009. The surveyor assessed the net loss at Rs.2,50,000/- and pointed out that the vehicle was transferred from the 1st respondent with effect from 17.03.2009 and ownership of transfer was not done in the policy as on the date of accident. The surveyor further pointed out that as per rules the transfer of ownership should be done before 15 days and since the transfer of ownership within the stipulated time was not done, the admissibility of the claim does not arise and it is left to the discretion of the insurers.