ORIENTAL INSURANCE CO LTD Vs. TANURAM MAHANTA

JUDGEMENT

(1.) -AGGRIEVED by the order of the State Commission dismissing its appeal No. 106/06, Oriental Insurance Company has filed this revision petition before us.

(2.) THE facts of the case in brief are that the complainant Tanuram had purchased an Ambassador Car from Wasif Khan and it was insured in the name of Wasif Khan for the period from 8. 7. 2004 to 7. 7. 2005. After purchasing the vehicle, the complainant had got his name registered in the Registration Certificate on 7. 8. 2004. The accident took place on 1. 1. 2005. The insurance policy was changed in favour of the complainant on 4. 1. 2005. The Insurance Company repudiated a claim of the insurer on the plea that at the time of the accident, the complainant did not have the insurable interest in the vehicle. Accordingly, the complainant had filed a complaint before the District Forum.

(3.) THE District Forum after going through the records of the case and hearing the parties, based on the bills and cash memos on Singa Bahini Auto Workshop, Bhubaneswar for Rs. 86,350 in proof of the expenses incurred by the complainant for the repairs, admitted the claim of the complainant and directed the Insurance Company to pay the same. Dissatisfied with the order of the District Forum, the Insurance Company had filed an appeal contesting that the vehicle was insured in the name of the respondent No. 2 at the time of the accident on 1. 1. 2005, respondent No. 2 was the insured and not the respondent No. 1/complainant and, therefore, latter cannot claim for indemnification for the loss caused to the car.