ORIENTAL INSURANCE CO. LTD. Vs. MANISH CHHABRA

JUDGEMENT

(1.) Learned counsel for the parties present. Arguments heard.

(2.) Shri Manish Chhabra, the complainant purchased from Mrs. Anju Kakkar, opposite party No. 2, the erstwhile owner of Omni Van on 02.6.2008. The said vehicle was insured for a sum of Rs.1,10,000/ - with the Oriental Insurance Company Limited, opposite party. The vehicle was stolen on 27.11.2008. However, this is an admitted fact that Shri Manish Chhabra did not make any effort to get the insurance transferred in his favour under Section 157 of the Motor Vehicles Act. The complainant has failed to show that he had applied in the prescribed form to the insurance company for transferring of certificate of insurance. Under the circumstances, we are of the considered view that the complainant is not entitled to any amount. Learned counsel for the petitioner himself cited an authority reported in United India Insurance Company Ltd. vs. Tilak Singh & Ors. (2006) 4 SCC 404 wherein, in para 6, it has been held as under: