National Consumer Disputes Redressal
Deepak Kumar vs New India Insurance Co. Ltd. & Anr. on 1 February, 2018
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 3517 OF 2017 (Against the Order dated 05/09/2017 in Appeal No. 147/2017 of the State Commission Rajasthan) 1. DEEPAK KUMAR S/O SH. MARUTI KUMAR R/O DHANCHIO PILANI, NEAR S.B.I JALORE, TEHSIL AND DISTRICT JALORE, RAJASTHAN ...........Petitioner(s) Versus 1. NEW INDIA INSURANCE CO. LTD. & ANR. TORUGH SENIOR DIVISIONAL MANAGER DIVISIONAL OFFICE SECOND 196, S.S TOWER FIRST FLOOR, NEAR AKHIL CIRCLE, CHAUPANSANI ROAD, JODHPUR RAJASTHAN 2. REENA MIMAANI W/O SH. SANJEEV MIMAANI R/O KAMLA NEHRU NAGAR B-151, FIRST EXTENSION SCHEME JODHPUR RAJASTHAN ...........Respondent(s)
BEFORE: HON'BLE MR. PREM NARAIN,PRESIDING MEMBER
For the Petitioner : Mr. Kushagra Pandey, Advocate on behalf of
Shri Ashutosh Jha, Advocate For the Respondent :
Dated : 01 Feb 2018 ORDER
1. This revision petition has been filed by the petitioner Deepak Kumar against the order dated 05.09.2017 of the State Consumer Disputes Redressal Commission, Rajasthan, (in short 'the State Commission') passed in Appeal No.147 of 2017.
2. Brief facts of the case are that the complainant/petitioner purchased a car No.RJ CA 5416 from respondent No.2 on 13.04.2010. This car was insured with the respondent No.1, Insurance Company. It has been alleged by the complainant that certificate of tax paid was not given by the respondent No.2 and therefore, the complainant could not get the registration transferred in his name. The name of the complainant was entered into the registration certificate on 23.7.2010. In the meanwhile the vehicle met with an accident on 15.07.2010. The complainant had filed the insurance claim, however, the same was repudiated by the Insurance Company on the ground that the complainant has no insurable interest. The complainant then filed a consumer complaint before the District Consumer Disputes Redressal Forum, Jodhupur (second) (in short 'the District Forum'), which was resisted by the Insurance Company on the ground that there was no insurable interest of the complainant in the vehicle and he had not complied with the provisions of the Motor Vehicle Act and GR-17 India Motor Tariff. The District Forum after considering the submissions of both the parties dismissed the complaint vide its order dated 11.7.2017.
3. The complainant then preferred an appeal before the State Commission bearing No.147 of 2017, which was also dismissed vide its order dated 05.09.2017.
4. Hence the present revision petition.
5. Heard the learned counsel for the petitioner at the admission stage.
6. The learned counsel for the petitioner stated that he had paid premium though the vehicle could not be transferred in his name as the previous owner had not given him tax paid certificate, which was essential for transfer of name in the registration certificate. The learned counsel referred to the judgment of this Commission in RP No.1224 of 2012, The Branch Manager, The New India Assurance Co. Ltd. Vs. Sajib Nandi Majumder, decided on September 5, 2013, (NC), and argued that in a similar case this Commission has allowed the Insurance claim of the complainant. Based on this referred judgment, the learned counsel prayed that the matter be admitted and notice be issued.
7. I have carefully gone through the record and have considered the arguments of the learned counsel for the petitioner. The learned counsel for the petitioner has referred to the judgment of this Commission in The Branch Manager, The New India Assurance co. Ltd. Vs. Sajib Nandi Majumder (supra), but the facts of that case are different from the facts of the present case. In the referred case, the transfer of the registration was acquired on the same day as that of the accident, whereas, in the present case the transfer of registration has been approved after the day of accident. It is true to be noted that Section 157 of Motor Vehicle Act, comes under Chapter XI of Motor Vehicle Act, which only deals with insurance relating to third party. However, GR-17 of the India Motor Tariff covers insurance relating to own damage as well. GR-17 of the India Motor Tariff reads as follows:-
"GR.17. Transfers On transfer of ownership, the Liability Only cover, either under a Liability Only policy or under a Package policy, is deemed to have been transferred in favour of the person to whom the motor vehicle is transferred with effect from the date of transfer.
The transferee shall apply within fourteen days from the date of transfer in writing under recorded delivery to the insurer who has insured the vehicle, with the details of the registration of the vehicle, the date of transfer of the vehicle, the previous owner of the vehicle and the number and date of the insurance policy so that the insurer may make the necessary changes in his record and issue fresh Certificate of Insurance.
In case of Package Policies, transfer of the "Own Damage" section of the policy in favour of the transferee, shall be made by the insurer only on receipt of a specific request from the transferee along with consent of the transferor. If the transferee is not entitled to the benefit of the No Claim Bonus (NCB) shown on the policy, or is entitled to a lesser percentage of NCB than that existing in the policy, recovery of the difference between the transferee‟s entitlement, if any, and that shown on the policy shall be made before effecting the transfer.
A fresh Proposal Form duly completed is to be obtained from the transferee in respect of both Liability Only and Package Policies.
Transfer of Package Policy in the name of the transferee can be done only on getting acceptable evidence of sale and a fresh proposal form duly filled and signed. The old Certificate of Insurance for the vehicle, is required to be surrendered and a fee of Rs.50/- is to be collected for issue of fresh Certificate in the name of the transferee. If for any reason, the old Certificate of Insurance cannot be surrendered, a proper declaration to that effect is to be taken from the transferee before a new Certificate of Insurance is issued."
8. As per the provisions of the GR-17, India Motor Tariff, it is clear that transferee had to apply for change of insurance within 14 days of transfer. In the present case, transferee did not care to get the registration certificate transferred in his name and he did not bother to write to the Insurance Company for changing the name of the insured. In these circumstances, the complainant does not have any insurable interest in the vehicle and both the fora below have rightly dismissed the case of the complainant.
9. Based on the above discussion, I do not find any illegality, material irregularity or jurisdictional error in the impugned order of the State Commission which calls for any interference from this Commission. Accordingly, the revision petition No.3517 of 2017 is dismissed at the admission stage.
...................... PREM NARAIN PRESIDING MEMBER