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