NATIONAL INSURANCE COMPANY Vs. DALEEP BAMBA

JUDGEMENT

(1.) The present petition has been filed for setting aside the judgment passed by the Divisional Consumer Forum, Jammu tilted, "Daleep Bamba vs National Insurance Company and another" dtd. 22/5/2006 (hereinafter to be referred as the Forum) as also for setting aside the judgment passed by Jammu and Kashmir State Consumer Disputes Redressal Commission, Jammu in appeal, titled, "National Insurance Company and another vs Daleep Bamba" dtd. 31/3/2009 (hereinafter to be referred as the Commission).

(2.) The petitioners have assailed both the orders on the ground inter alia that there was no privity of contract under which the respondent herein can seek indemnification. Further, the fiction of sec. 157 of Motor Vehicles Act dealing with deemed transfer of policy of insurance, is available only in third-party cases to the owner of the vehicle and the provision does not apply when the owner seeks the indemnification under own damage claim.

(3.) The respondent has filed objections to the present petition thereby stating that the previous owner Sh. Ashok Kumar Puri had approached both RTO as well as the petitioner-Insurance Company for transfer of policy and necessary form was also filled up by the said Ashok Kumar Puri but since the said form was lying in the office of the petitioner-company and no receipt of the same was issued, therefore the petitioner company has chosen to hide these facts in the present writ petition.