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Documents citing National Insurance Co. Ltd. vs Ram Gopal Sharma on 29 January, 2007

National Insurance Co. Ltd. vs Gagan Pal Singh on 30 May, 2017

Learned counsel also cited a decision of Delhi State Consumer Disputes Redressal Commission, New Delhi in the case of National Insurance Co. Ltd. Vs. Ram Gopal Sharma; III (2007) CPJ 367, wherein it was held that the 7 transfer of insurance policy is merely a formality and once the vehicle is transferred, the insurance policy automatically stood transferred for indemnification of loss. The said decision does not hold good in view of the latest law on the subject. The other decisions cited by the learned counsel for respondent also do not apply to the facts and circumstances of the case and do not pertain to the controversy involved in the present matter. Since the complainant had no insurable interest in the vehicle on the date of loss and the insurance policy was not transferred in his name and hence there exists no valid contract of insurance between the parties and consequently, the question of breach of the terms and conditions of the policy being not germane and fundamental does not arise.
State Consumer Disputes Redressal Commission Cites 10 - Cited by 0 - Full Document

Oriental Insurance Company Limited vs Vijay Kohli on 21 July, 2008

In the peculiar circumstances of the case, learned counsel for the complainant rightly referred to the observation of Delhi State Consumer Disputes Redressal Commission, New Delhi in the case of National Insurance Co. Ltd. Vs. Ram Gopal Sharma; III (2007) CPJ 367, to bring home his point of view that it is the vehicle, which is insured and not the person. It was also observed in the said case that the Consumer Protection Act, 1986 has widened the definition of 'consumer' to an extent that it includes a person, who is the direct beneficiary of such services, other than the person, who actually hired or availed the service for consideration. This observation also support the contention made by the learned counsel for the complainant.
State Consumer Disputes Redressal Commission Cites 5 - Cited by 0 - Full Document

New India Assurance Co. Ltd. & Anr. vs Mohd. Faiyaz Khan & Anr. on 27 November, 2014

Similarly in the matter of Shri Ram Gopal Sharma (supra) coordinate bench of this Commission after analyzing Section 157 of the Motor Vehicles Act and GR 10 & GR 17 issued by the Tariff Advisory Committee have held that if the transferee fails to inform the insurance company about transfer of registration certificate in his name and the policy is not transferred in the name of transferee, the insurance company cannot be held liable to pay claim in respect of the vehicle in question.
National Consumer Disputes Redressal Cites 4 - Cited by 1 - Full Document

National Insurance Company Ltd. vs Charanjit Singh Sandhu on 13 January, 2015

We have gone through this judgment and also two other judgments relied upon by the learned counsel for the petitioner in the cases of Complete Insulations Pvt. Ltd. (Supra) and National Insurance Co. Ltd. Vs. Shri Ram Gopal Sharma (R.P. No.1586 2007) of the National Commission delivered on 12.07.2011. The legal issue involved in this case is no longer res-integra.
National Consumer Disputes Redressal Cites 5 - Cited by 0 - Full Document

National Insurance Co. Ltd. vs Mohan Singh & Ors. on 1 February, 2013

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.
National Consumer Disputes Redressal Cites 2 - Cited by 3 - Full Document
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