BAJAJ ALLIANZ INSURANCE CO LTD Vs. MOHAMMAD UMAR

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 8.3.2011 in Appeal No. 1484/2010 The Manager, Bajaj Allianz Gen. Ins. Co. Ltd. Vs. Mohd. Umar passed by the Karnataka State Consumer Disputes Redressal Commission, Bangalore (in short, 'the State Commission') by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that Complainant/respondent is GPA holder of Sri Babu J. Kokre, who is registered owner of vehicle KA 31 4514 which was insured with OP/petitioner. It was further submitted that on 8.12.2008 vehicle met with an accident, caused injury to the occupants and vehicle was badly damaged. FIR was lodged and intimation was given to OP. Vehicle was sent for repairs to garage, who submitted an estimation for Rs.8,06,686/-. Complainant lodged claim with OP which was not settled. Alleging deficiency on the part of OP, complainant filed complaint before District forum. OP resisted complaint and submitted that complaint filed by GPA holder of registered owner is not maintainable. It was further submitted that registered owner of the vehicle had divested ownership of the vehicle to the complainant, but transfer had not been intimated to the Insurance Co. so there was no privity of contract between complainant and OP. It was further submitted that on intimation surveyor was appointed who assessed damage of Rs.2,64,603/- on cash loss basis and Rs.3,77,911/- on reduction basis and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to pay Rs.3,77,911/- with 6% p.a. interest and further directed to pay Rs.1,000/- as cost of litigation. Appeal filed by OP was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed.

(3.) None appeared for respondent even after service; hence, he was proceeded ex-parte.