NATIONAL INSURANCE COMPANY LTD. Vs. BHAGWAN SINGH

JUDGEMENT

(1.) - In this revision petition there is challenge to impugned order dated 22.2.2008, passed by State Consumer Disputes Redressal Commission, U.T. Chandigarh (for short, 'State Commission').

(2.) Brief facts are, that Truck No. HR-68-30-52 was owned by Shri Tulsi Ram who was father of Shri Bhagwan Singh-Complainant/Respondent. Shri Tulsi Ram had transferred the said truck in favour of Bhagwan Singh by way of gift deed, which is registered in the office of Registering Authority, Panchkula. The said truck was insured with Petitioner/ Opposite Party, vide cover note dated 20.7.2004. Unfortunately, the truck in question met with an accident on 14.10.2004 near Dharampur, District Solan, as it has fallen into a gorge causing huge loss to the truck. Due intimation was given to the petitioner which deputed a surveyor who conducted survey of the vehicle and vehicle was taken from the spot for repair. Thereafter, petitioner appointed Shri Vinod Bhan, Surveyor to conduct final survey who conducted the same. The registration certificate was also shown to the officials of the petitioner company but ultimately claim was rejected on die plea, that insurance policy was not transferred in favour of Bhagwan Singh, so he is not entitled to get the claim. Alleging deficiency in service, the complaint was filed.

(3.) Petitioner in its written statement stated, that claim had been rightly repudiated, vide letter 7.4.2005 and there was no deficiency in service on their part. The respondent had produced fabricated letters, which were not received by them. The policy was issued in favour of Shri Tulsi Ram, father of respondent, which was not transferred in favour of Bhagwan Singh, within 14 days of the transfer of vehicle to him. Therefore, complaint should be dismissed.