National Consumer Disputes Redressal
National Insurance Co. Ltd. vs Mohan Singh & Ors. on 1 February, 2013
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 2362 OF 2012 (From the order dated 27.03.2012 in First Appeal No. 1070 of 2007 of the State Commission, Punjab, Chandigarh ) National Insurance Co. Ltd. Regional Office No.1, Jeevan Bharti 124, Connaught Circus New Delhi And Also : Divisional Office No.III Kochhar Market, Mode Town Ludhiana ... Petitioner Vs. 1. Shri Mohan Singh Father of Late Chamkaur Singh 2. Paramjit Kaur Mother of late Chamkaur Singh 3. Preetpal Singh Brother of late Chamkaur Singh All R/o. VPO Sohauli District Ludhiana 4. Chairman, Sri Nanaksar Baba Nand Singh Isher Singh Hospital Charitable Trust committee Nanaksar Kaleran Teh Jagraon, Dist. Ludhiana (Through Baba Lakha Singh) .... Respondents BEFORE: HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER HONBLE MR. VINAY KUMAR, MEMBER For the Petitioner : Mr. Pradeep Gaur, Advocate For Respondent Nos. 1 to 3 : Mr. Narender S. Yadav, Advocate For Respondent No.4 : N E M O Pronounced on_01.02.2013 ORDER
JUSTICE J.M. MALIK
1. This is a peculiar case where, before the expiry of 14 days, before the registration of vehicle within 30 days as per Section 50 of the Motor Vehicles Act, 1988, the purchaser could not transfer the insurance policy in his favour, as he passed away, during that duration.
2. Late Sh. Chamkaur Singh, purchased a car, bearing No. PB-10AY- 0062, Toyota Qualis from the Chairman, Sri Nanaksar, Baba Nand Singh Isher Singh Hospital Charitable Trust Committee, OP No.2/respondent No.4. The said vehicle was already insured with National Insurance Co. Ltd., OP1/petitioner for the period 02.12.2004 to 03.12.2005. Late Sh.Chamkaur Singh had purchased this vehicle on 21.01.2005.
3. On 05.02.2005, during the pendency of the above insurance policy, the vehicle met with an accident. Sh.Chamkaur Singh sustained injuries and subsequently succumbed to injuries on 06.02.2005. Case was registered with the police on 06.02.2005. Information was also given to the insurance company on 22.05.2005. Thereafter, legal Representatives of late Sh.Chamkaur Singh, namely, Sh. Mohan Singh, father of late Chamkaur Singh, Complainant No.1, Smt. Paramjit Kaur, mother of late Chamkaur Singh, Complainant No.2 and Sh.Pritpal Singh, Brother of late Chamkaur Singh, Complainant No.3, made a claim before the Insurance Company, petitioner. The claim was repudiated by the insurance company on the ground that there was no privity of contract between them and late Chamkaur Singh or the Complainants because the vehicle was got insured by OP No.2/Respondent No.4, in favour of Chairman, Sri Nanaksar Baba Nand Singh Isher Singh Hospital Charitable Trust Committee. It was argued that late Chamkaur Singh did not apply for transfer of insurance policy within fourteen days about the purchase of the vehicle.
3. Thereafter, a complaint was filed by the above said complainants before the District Forum. The District Forum dismissed the complaint. Aggrieved by that order, the appeal was preferred before the State Commission. The State Commission allowed the appeal as well as the complaint. It directed the OP No.1/petitioner to pay to the complainants the insured amount of Rs.4,50,000/- within 30 days from the date of receipt of that order along with litigation costs of Rs.10,000/-. If the amount was not paid within the aforesaid period, OP No.1, would be liable to pay the said amount along with interest @ 9% p.a. since the date of repudiation, i.e. 20.04.2005, till the amount is actually paid to the complainants.
4. We have heard the learned counsel for the parties. Learned counsel for the OP/petitioner vehemently argued that the insurance policy was not got transferred in the name of late Sh.Chamkaur Singh and their Legal Representatives cannot claim the compensation. He has also placed on record the order of this Commission in RP No.1586 of 2007, National Insurance Company Ltd. Vs. Shri Ram Gopal Sharma, decided on 12.07.2011.
5. The facts of the above said authority are different from that of the instant case. In the case referred above, the purchaser was alive. The instant case is a unique one. The record reveals that immediately after the death of late Chamkaur Singh, all the three complainants had made a claim before the Insurance Company/ petitioner on 22.02.2005, i.e., within 16-17 days from the date of death of Chamkaur Singh. The deceased had 30 days to get the registration of the vehicle transferred thereafter, he was supposed to get the insurance policy within 14 days. The insurance policy is not armed with the power of transferring the insurance policy in absence of transfer of registration certificate. In the instant case, unfortunately, the transferee died before the expiry of 30 days. The period of transferring the insurance policy has not yet started. Consequently, in such like cases, where the petitioner dies, the Legal Representatives can lodge the claim. Keeping in view the facts and circumstances of the case in hand, we find no force in the revision petition, the same is, therefore, dismissed. But there shall be no order as to costs.
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(J.M. MALIK,J) PRESIDING MEMBER ....
(VINAY KUMAR) MEMBER dd/6