C B RAMACHANDRA REDDY Vs. KAMALA DEVI

JUDGEMENT

(1.) COMPLAINANT No. 1, Subhash Chand Kataria, was the owner of the tempo, which was insured with the petitioner w. e. f. 11. 1. 2001 to 10. 1. 2002. On 8. 1. 2001, the vehicle met with an accident. As the vehicle was damaged, the complainant claimed that he spent Rs. 1,50,000 on its repairs. On receipt of information, the revision petitioner-Insurance Company deputed a Surveyor who assessed the loss at Rs. 58,669. The Insurance Company repudiated the claim inter alia on the ground that there was no contract between complainant 2 and the petitioner and there was clear violation of the policy condition as two unauthorised persons were travelling in the vehicle though the vehicle was a goods carrier.

(2.) THE District Forum allowed the complaint and awarded a sum of Rs. 58,669 in favour of the complainant No. 1 along with interest @ 9 per cent p. a. from 12. 6. 2003 with Rs. 2,000 as costs. Dissatisfied by the order of the District Forum, the Insurance Company filed an appeal before the State Commission which enhanced the cost from Rs. 2,000 to Rs. 20,000 while dismissing the appeal. Aggrieved by the dismissal of the order the petitioner has filed this revision petition.

(3.) LEARNED Counsel for the petitioner-Insurance Company submits that passengers are not allowed to travel in a goods vehicle and the insurance policy has also to be transferred to the buyer within 14 days of the date of purchase as per the India Motor Tariff Regulations. In this case, there is no request for transfer of the insurance policy to the name of the buyer. As such, Mohinder Singh did not have any insurable interest.