DINESH KUMAR SHAH Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) The complainant/petitioner purchased a Tipper bearing Registration No. OR-23A-4176 from one Mr. Paramjit Singh and got the same transferred in his name on 20.03.2010. The vehicle was got insured by the complainant/petitioner with the respondent company for the period from 20.07.2011 to 19.07.2012. However the permit issued by the transport authority in the name of Mr. Paramjit Singh was not got transferred by the petitioner/complainant in his name. During currency of the policy, the Tipper met with an accident on 03.08.2011. The Tipper got damaged on account of the said accident and the matter was reported to the concerned Police Station.

(2.) On being informed of the accident, the Insurance Company deputed a surveyor to inspect the Tipper. He assessed the damages to the Tipper at Rs. 2,17,825/-. A claim was then submitted by the petitioner to the Insurance Company. The claim was repudiated by the Insurance Company on the ground that since the permit had been issued in the name of Mr. Paramjit Singh and had not been got transferred in the name of the petitioner, it had become invalid and consequently, the vehicle was being plied without a valid permit. Being aggrieved from the rejection of his claim, the petitioner/complainant approached the concerned District Forum by way of a complaint.

(3.) Being aggrieved from the order of the District Forum, the Insurance Company approached the concerned State Commission by way of an appeal. The State Commission agreed with the stand taken by the Insurance Company and allowed the appeal. Being aggrieved from the appeal being allowed and the complaint being dismissed, the complainant is before us, by way of this revision petition.