MAST RAM Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) This appeal is directed against the order of the learned District Forum, Bilaspur, dated 21.1.1995, whereby the complaint of the complainant/appellant has been dismissed.

(2.) The only submission made by Mr. N. S. Chandel, learned Counsel for the appellant/ complainant is that the complainant had purchased the Truck from its original owner Shri Devinder Kumar and under Sec.157 of the Motor Vehicles Act, 1988 , the certificate of insurance and the policy described in the certificate shall be deemed to have been transferred in favour of the transferee i. e. the appellant/complainant with effect from the date of transfer. As such, the appellant/complainant under the terms of the insurance policy is entitled to the claim.

(3.) The claim of the appellant/complainant has been disallowed by the Insurance Company on account of damage caused to the vehicle due to accident on the ground that there is no con tract of insurance between the complainant and the Insurance Company.