NATIONAL INSURANCE COMPANY LTD. THROUGH ITS DULY CONSTITUTED ATTORNEY MANAGER, NATIONAL INSURANCE COMPANY LTD. LEGAL VERTICAL 2E/9, JHANDEWALAN EXT. NEW DELHI Vs. RAM PRASAD CHOWDHURY TEJGUNJ P.O. NATUNGUNJ DISTRICT

JUDGEMENT

(1.) The complainant namely Shri Ram Prasad Chowdhury who owned a truck bearing registration no. WB41C/0567 got the said vehicle financed from HDFC Bank. The loan taken from HDFC Bank was payable in instalments. On 06.11.2008, the complainant executed an irrevocable Power of Attorney with respect to the aforesaid truck in favour of one Rajendra Kumar Yadav. The said vehicle met with an accident on 18.12.2008. A claim was lodged by the complainant with the petitioner company through one Sh. Rajendra Kumar Yadav for reimbursement in terms of the insurance policy which the complainant had taken from the petitioner company in respect of the aforesaid truck. Though a surveyor was duly appointed to assess the loss, the claim was eventually repudiated vide letter dated 17.02.2010, primarily on the ground that the complainant did not have insurable interest in the vehicle he having already received the sale consideration from Sh. Rajendra Kumar Yadav but having not informed the transfer of the vehicle to the insurer.

(2.) Being aggrieved, the complainant approached the concerned District Forum by way of a complaint. The complaint was resisted by the petitioner company primarily on the ground that the complainant having sold the vehicle before the date of accident, did not have an insurable interest in it.

(3.) The District Forum, vide its order dated 08.04.2013, allowed the complaint and directed the insurer to pay a sum of Rs. 8,19,582.00 to the complainant, along with compensation quantified at Rs. 20,000.00 and cost of litigation quantified at Rs. 3,000.00.