UNITED INDIA INSURANCE COMPANY LTD Vs. HARINDER KAUR

JUDGEMENT

(1.) Being aggrieved and dissatisfied by the judgment and order dated 30.3.2005 passed by the State Consumer Disputes Redressal Commission, Punjab in Appeal No. 778/2004, the Insurance Company has preferred this revision.

(2.) Learned Counsel Mr. Kishore Rawat appearing on behalf of the Insurance Company submitted that the order passed by the State Commission is on the face of it erroneous and against the law laid down by the Apex Court in Complete Insulations (P) Ltd. v. New India Assurance Co. Ltd., II (1996) ACC 536 (SC)=1996 ACJ 65 and Rikhi Ram & Anr. v. Sukhrania (Smt.) and Ors., II (2003) SLT 62=I (2003) ACC 368 (SC)=(2003) 3 SCC 97. It is true that the judgment rendered by the State Commission is against the law laid down by the Apex Court in the aforesaid cases.

(3.) In the present case, one Jaswant Singh was the owner of Maruti car. He had taken insurance policy for a period from 27.7.2002 to 26.7.2003. He transferred the said car to Punjab Singh, husband of the complainant on 20.9.2002. Unfortunately on 3.3.2003, the car met with the accident and Punjab Singh succumbed to the injuries. An FIR was lodged against the driver of the truck with which the vehicle met with the accident.