State Consumer Disputes Redressal Commission
The Branch Manager, vs Mr.Murugesh.C. on 6 April, 2023
1
Appeal No.541/2023
Date of filing: 21.03.2023
Date of disposal: 06.04.2023
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED: 06.04.2023
PRESENT
HON'BLE Mr. JUSTICE HULUVADI G. RAMESH : PRESIDENT
Mr.K.B SANGANNANAVAR : JUDICIAL MEMBER
APPEAL NO.541/2023
1) Branch Manager,
M/s Shriram General Insurance
Company Ltd.,
Branch Main Road,
Near Govt Engineer College,
Kushalnagara,
Kodagu District.
2) The Manager,
M/s Shriram General Insurance
Company Ltd.,
E-8, EDIP, RIICO Industrial Area,
Sitapura - Jaipur,
Rajastan - 302022.
Now represented by
3) M/s Shriram General Insurance
Company Ltd.,
No.5/4, 3rd Floor, S.V Arcade,
Bilakahalli, Bannerughatta Main Road,
IIMB Post, Bangalore.
Reptd by its Asst. Manager. .....Appellant/s
(Advocate - Sri.B.C Shivanne Gowda)
2
Appeal No.541/2023
V/s
Mr.Murugesh C,
S/o Chinnathambi,
Aged about 44 years,
R/at 7th Hoskote Village & Post,
Kushalnagara Taluk,
Kodagu District - 571234. .....Respondent/s
ORDER
HON'BLE Mr. JUSTICE HULUVADI G. RAMESH, PRESIDENT This is an Appeal filed U/s.41 of C.P Act, 2019 by the OPs in C.C No.7/2022 on the file of Kodagu District Consumer Disputes Redressal Commission, Madikeri aggrieved by the order dated 24.08.2022.
2. Heard the learned counsel for the Appellants/OPs Insurance Company on admission. Issuance of Appeal notice on the Respondent by this Commission is dispensed with to avoid further delay.
3. Commission examined grounds of Appeal, impugned order and appeal papers.
4. The District Commission after enquiring into the matter allowed the complaint and directed OPs jointly or severally to pay 3 Appeal No.541/2023 insured amount of Rs.2,80,205/- with interest @ 6% p.a within 45 days for the date of order failing which the amount will carry interest at 12% p.a. Further directed to pay compensation of Rs.5,000/- towards mental agony and Rs.5,000/- towards cost of the proceedings.
5. It is the case of the complainant that, he is a registered owner of Swaraj Mazda Lorry bearing registration No.KA-12/A- 0303 and the same was insured with OPs vide policy bearing No.10003/31/20/480392 for a period from 11.02.2020 to 10.02.2021. On 09.01.2021 at about 6.15 a.m the driver Sri.A Hamza driving the said lorry from Madikeri towards Kushalnagar to get building construction raw materials from quarry and when the said lorry reached the place Anekadu on the Madikeri Kushalnagar highway the tipper lorry bearing registration No.KA 12B 3003 came from opposite direction by overtaking the other vehicle dashed to the complainant vehicle due to which the said vehicle was crushed. Police complaint has been filed against driver of the Swaraz Mazda in Crime No.2/2021 and the driver of the said vehicle has filed a private complaint against the driver of the tipper lorry in PC No.193/2021 before the JMFC Court, Kushalnagar. On 13.09.2021 the complainant submitted claim form along with documents to OP to pay the insured amount. OP neither paid the claim amount nor replied the legal notice issued by the complainant. The complainant has purchased the said lorry from Sri.Hussain B.S S/o Haidru, Nellihudikeri, Somwarpet Taluk, Kodagu District as such insurance policy stands in the name of 4 Appeal No.541/2023 complainant but the insurance policy was not changed, therefore same was continued in the name of earlier registered owner of the said lorry. The OP has collected insurance premium from the owner of the said lorry and issued a comprehensive policy to the said lorry. Hence filed complaint alleging deficiency in service on the part of OPs.
6. OPs admits the policy issued to the vehicle bearing No.KA- 12-A-0303 for a period from 11.02.2020 to 10.02.2021 stands registered in the name of Sri.Hussain B.A and the claim of the case is subject to terms and conditions of the insurance policy. OPs appointed the surveyor Mr.Purushothama D for final survey and informed the insured to shift the damaged vehicle to the garage and to submit the estimation. Further OPs informed the insured to submit related documents to claim the insurance but insured failed to submit the documents and also failed to shift the vehicle to the garage to assess the damages. Complainant is no way concerned party to claim the insurance. RC of the vehicle has not been transferred to the name of the complainant and insurance policy still stands in the name of Hussain. The complainant is neither a RC owner nor the insured pertaining to the said vehicle as on the date of alleged accident and he has no insurable interest to the said vehicle. Hence complainant is not entitled to claim any insurance benefits. Insured has violated the policy terms and conditions and also violated the MV Act. The surveyor conducted the survey and assessed the loss to the insured vehicle for an amount of 5 Appeal No.541/2023 Rs.2,36,050/-. Complainant has fraudulently fabricated evidence for claiming unholy gain, which is not maintainable under law.
7. It appears complainant is a registered owner of Swaraj Mazda Lorry bearing registration No.KA-12/A-0303 and the same was insured with OPs vide policy bearing No.10003/31/20/480392 for a period from 11.02.2020 to 10.02.2021. The said vehicle in question had met with an accident with tipper lorry bearing No.KA- 12B 3003 on 09.01.2021 at Madikeri Kushalnagar highway and the said vehicle got crushed. Hence driver of the vehicle Sri.A Hanza, filed a private complaint against the driver of the tipper lorry in PC No.193/2021 before the JMFC Court, Kushalnagar. Thereafter the complainant informed the incident to the OPs and submitted claim form along with related documents.
8. In this case, so far as the fact that the vehicle in question had met with an accident with tipper lorry bearing No.KA-12B 3003 on 09.01.2021 is not in dispute but one Sri.Hussain B.A has not transferred the policy in the name of complainant till the date of incident i.e., on 09.01.2021. In a situation like this complainant is not entitled to claim insurance since on the date of accident insurance policy was not transferred in favour of the complainant and complainant was not a policy holder in order to claim the damages. Therefore, complainant had no insurable interest in the policy. Hence the complainant/respondent is not entitle to the 6 Appeal No.541/2023 sum insured since on the date of accident, the insurance policy had not been transferred in favour of the complainant and it stood in the name of the previous owner i.e., Sri.Hussain B.A. Thus the impugned order suffers from apparent illegality and therefore it is liable to be set aside. In such conclusion, we are of the view impugned order does call for interference. Hence proceed to allow the Appeal. Consequently set aside the impugned order dated 24.08.2022 passed by Kodagu District Consumer Disputes Redressal Commission, Madikeri in CC No.7/2022 and in the result dismissed the complaint with no order as to costs.
9. Amount in deposit is directed to be transfer to the District Commission for needful.
10. Provide copy of this order to the District Commission as well as parties to the appeal.
JUDICIAL MEMBER PRESIDENT vln*