UNITED INDIA INSURANCE CO LTD Vs. UMESH AANGALE

JUDGEMENT

(1.) -THIS appeal arises from the order dated 25. 1. 2006 passed in C. C. No. 111/2005 by the District Consumer Disputes Redressal Forum, East Nimar, Khandwa directing the appellant-Insurance Company to pay Rs. 21,050 as compensation, besides cost Rs. 500.

(2.) IT is a case where a motor car Tata Sumo insured with the appellant met with an accident and damaged during existence of the insurance cover. However, admittedly the vehicle in question was initially registered and insured in the name of one Nitin More, who had sold the vehicle to respondent-complainant Umesh Aangale before the date of the accident. Although the vehicle was registered in the name of respondent-trasferee, but no intimation of transfer of vehicle was ever given to the appellant-insurer and no action was taken to get the certificate of insurance transferred in the name of respondent-purchaser. The Forum below has directed the appellant-Insurance Company to pay compensation, Rs. 21,050 to respondent-complainant for the damage caused to the subject insured.

(3.) THE question thus arises for determination is whether in absence of transfer of certificate of insurance in the name of respondent-transferee, the appellant-Insurance Company can be held liable to make good, the damage to the vehicle. The answer to the question, we say with respect, is found in a Supreme Court decision in the case of Complete Insulations (P) Ltd. v. New India Assurance Company Ltd. , I (1996) CPJ 1 (SC)=i (1996) CLT 22 (SC)=ii (1996) ACC 536 (SC)=air 1996 SC 586 wherein it is held: