NEW INDIA ASSURANCE CO. LTD. Vs. NAYAN KUMAR

JUDGEMENT

(1.) Petitioner/Opposite Party has preferred this revision against impugned order dated 10.03.2008, passed by State Consumer Disputes Redressal Commission, Uttar Pradesh, Lucknow (for short, 'State Commission').

(2.) Brief facts are, that a Maruti Van was purchased by one Mr. Hemchand which was insured with Petitioner's Company. Later on, said vehicle was purchased by Respondent/Complainant on 08.04.1994 along with insurance which was valid upto 31.10.1994. It is stated that Sh.Hem Chand on 11.4.1994, informed the petitioner, about sale and consent of the insurance policy in the name of respondent. During night of 21/22.04.1994, respondent with his friends while going to Varanasi by his van being driven by Indra Mohan, met with an accident between Sahibabad and Rohniya at G.T. Road with a truck driven rashly and negligently from the opposite direction. As a result of which, respondent and his other companions were seriously injured and vehicle was also damaged. Information of the accident was given to the petitioner with request to pay the insurance amount by way of compensation.

(3.) However, petitioner vide its letter dated 06.01.1995, informed the respondent that disposal of the insurance policy (Transfer) has not yet taken place and therefore insured amount is not payable. Hence, respondent filed a consumer complaint seeking claim of Rs. 1,00,000/- as damages of the vehicle and Rs. 55,000/- for his mental and physical shock.