LAWS(NCD)-2016-5-30

UNITED INDIA INSURNCE CO. LTD. Vs. JAGMOHAN TREHAN

Decided On May 31, 2016
United India Insurnce Co. Ltd. Appellant
V/S
Jagmohan Trehan Respondents

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 13.05.2008 passed by the State Consumer Disputes Redressal Commission, Delhi (in short, 'the State Commission') in Appeal No. FA/08/78 United India Ins. Co. Ltd. Vs. Jagmohan Trehan by which, appeal was dismissed.

(2.) Brief facts of the case are that Complainant/respondent purchased a Car bearing No. DL-7C-C-3643 from Sh. Praveen Dabas on 5.1.2004. He got the RC of the vehicle transferred in his name on 5.1.2004 itself. The car was already insured with OP/Petitioner from 16.9.2003 to 15.9.2004. He wrote a letter to OP/Petitioner on 9.1.2004 for transfer of the insurance cover in his name through UPC. Unfortunately, the car was stolen on 17.1.2004 at 11.00 AM from sector 8, Rohini, New Delhi and FIR was lodged with local police. Local police issued untraced report. Subsequently he applied to OP for reimbursement of the amount of the car i.e. Rs. 4.50,000/-. OP repudiated claim on the ground that complainant had no insurable interest in the vehicle, as policy was not transferred in his name. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that OP issued policy in the name of Mr. Parveen Dabas and complainant failed to intimate OP about transfer of vehicle in terms of Section 157 of M.V. Act and did not get policy transferred in his name; so, claim was rightly repudiated and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to pay Rs. 4,50,000/- IDV of the vehicle along with Rs. 5,000/- as compensation and Rs. 2,000/- as cost of litigation. Appeal filed by OP was dismissed by learned State Commission vide impugned order along with cost of Rs. 25,000/- against which, this revision petition has been filed.

(3.) Heard learned Counsel for the parties and perused record.