NATIONAL INSURANCE COMPANY LIMITED Vs. NIRPREET SINGH

JUDGEMENT

(1.) District Forum, Fatehgarh Sahib vide order dated August 7, 1997 allowed the complaint of Nirpreet Singh with the direction to the opposite party, National Insurance Company Limited, to pay a sum of Rs.1,60,000/- with 12% pa. interest w. e. f. September 1,1994 till payment alongwith cost of Rs.1,000/-. The said order has been challenged by the Insurance Company in this appeal.

(2.) Nirpreet Singh, owner of Car No. CH-01 K-1122, Maruti Make, got it insured with the Insurance Company for a sum of Rs.1,60,000/- for an year commencing from November 8,1993. On May 6, 1994 the car was stolen. Polica was informed. Insurance Company was also informed. The police declared the case as untraced in July, 1994. The Insurance Company repudiated the claim on December 30, 1996 on the ground that the car was in the possession of Sh. Gurpreet Singh Bawa at the time of alleged theft who was actually the owner. The complainant approached the District Forum for the relief. The complaint was contested by the Insurance Company on various grounds. The locus standi of the complainant to file the complaint was challenged. It was stated that there was a benami transaction and the complainant could not take the benefit of the insurance policy. The plea of the Insurance Company did not prevail, hence the impugned order.

(3.) Mr. Pardeep Bedi, Advocate for the Insurance Company has argued that though Nirpreet Singh is the registered owner, however, at die time of the alleged theft, the car was in possession of Gurpreet Singh Bawa who had actually made payment of the premium. We fail to appreciate the argument addressed. The complainant, Nirpreet Singh, is the recorded owner as registered with the Transport Authorities. He is also the insured in the Insurance Policy. Annexure C-16 is the Registration Certificate showing Nirpreet Singh to be the owner and Annexure Oil is the insurance policy in the name of Nirpreet Singh. It is the complainant who hao hired the services of the Insurance Company on payment of the necessary premium hence it is he who is the consumer as defined under Sec.2 (1) (d) of the Consumer Protection Act entitled to file the complaint and recover the insured amount under the policy.