NATIONAL INSURANCE CO LTD Vs. ALPABEN & ORS

JUDGEMENT

(1.) Late Hemangbhai Bhatt, husband of complainant No. 1 and father of complainant Nos. 2 and 3, purchased a Tata Indica Vista car bearing Registration No. GJ-1-KQ-2290 and applied to the petitioner for issuance of an insurance policy in his name. The proposal for insurance of the vehicle was accepted by the petitioner, despite its being know the fact that the vehicle had not been transferred in the name of the deceased. On 16.12.2013, the aforesaid vehicle met with an accident and deceased-insured, died in the said accident. There was an extensive damage to the insured vehicle. The claim was lodged with the Insurance Co. which was repudiated vide letter dated 6.3.2014 which, to the extent it is relevant, reads as under:

(2.) Being aggrieved of the repudiation of the claim, the complainants approached the concerned District Forum by way of a consumer complaint. The complaint was resisted by the petitioner on the ground that the deceased did not have any insurable interest in the vehicle at the time it met with an accident.

(3.) The District Forum having ruled in favour of the complainants, the petitioner approached the concerned State Commission by way of appeal. The said appeal was partly allowed by modifying the amount payable to the complainants. Being still dis-satisfied, the petitioner is before this Commission by way of this Revision Petition.