NATIONAL INSURANCE CO. LTD Vs. MOHAN SINGH

JUDGEMENT

(1.) This is a peculiar case where, before the expiry of 14 days, before the registration of vehicle within 30 days as per Section 50 of the Motor Vehicles Act, 1988, the purchaser could not transfer the insurance policy in his favour, as he passed away, during that duration.

(2.) Late Sh. Chamkaur Singh, purchased a car, bearing No. PB-10AY- 0062, Toyota Qualis from the Chairman, Sri Nanaksar, Baba Nand Singh Isher Singh Hospital Charitable Trust Committee, OP No.2/respondent No.4. The said vehicle was already insured with National Insurance Co. Ltd., OP1/petitioner for the period 02.12.2004 to 03.12.2005. Late Sh.Chamkaur Singh had purchased this vehicle on 21.01.2005.

(3.) On 05.02.2005, during the pendency of the above insurance policy, the vehicle met with an accident. Sh.Chamkaur Singh sustained injuries and subsequently succumbed to injuries on 06.02.2005. Case was registered with the police on 06.02.2005. Information was also given to the insurance company on 22.05.2005. Thereafter, legal Representatives of late Sh.Chamkaur Singh, namely, Sh. Mohan Singh, father of late Chamkaur Singh, Complainant No.1, Smt. Paramjit Kaur, mother of late Chamkaur Singh, Complainant No.2 and Sh.Pritpal Singh, Brother of late Chamkaur Singh, Complainant No.3, made a claim before the Insurance Company, petitioner. The claim was repudiated by the insurance company on the ground that there was no privity of contract between them and late Chamkaur Singh or the Complainants because the vehicle was got insured by OP No.2/Respondent No.4, in favour of Chairman, Sri Nanaksar Baba Nand Singh Isher Singh Hospital Charitable Trust Committee. It was argued that late Chamkaur Singh did not apply for transfer of insurance policy within fourteen days about the purchase of the vehicle.