IMPORTANT POINT
Personal accident coverage is meant for registered owner in person who holds an effective driving license and additional premium for compulsory PA is paid.

Mrs. M. Shreesha, Presiding Member—Challenge in this Revision Petition, under Section 21(b) of the Consumer Protection Act, 1986 (for short “the Act”), is to order dated 12.2.2015 in Appeal No. 1134 of 2012 passed by the State Consumer Disputes Redressal Commission, Punjab, Chandigarh (for short “the State Commission”). By the impugned order, the State Commission confirmed the order of the District Forum, which had dismissed the Complaint on the ground that the Complaint is not maintainable.

2. The brief facts as set out in the Complaint are that the Complainants are the Class-I Legal Heirs of Amrit Pal, who is the registered owner of Maruti Alto Car. The said car was purchased from one Mr. Vijay Kumar in September, 2009 alongwith the Comprehensive Insurance Package Cover Note no. 993608 dated 9.10.2010. The registration of the said car was transferred in the name of Amrit Pal on 14.7.2011 with the DTO Bathinda. The IDV of the said car was Rs. 2,35,000/-. The Opposite Party covered Personal accident for a sum of Rs. 2 lakhs for registered owner cum driver under GR-36 of Indian Motor Tariff. The above said Insurance Cover Note was valid from 13.10.2010 to 12.10.2011. The Complainants pleaded that the Insurance Company had never supplied any Policy copy with the all terms and conditions to the insured. While so, the said car met with an accident on 24.7.2011, within 10 days from the date of transfer, and Amrit Pal, who is the registered owner-cum-driver and who was driving the said car, died in the accident. The case was also registered with the concerned Police Station on 24.7.2011. The Complainants pleaded that they had applied for the transfer of the insurance cover with all the details of the registration of the vehicle, the date of transfer of the vehicle, so that the insurer may make the necessary changes in his record and issue fresh certificate of insurance. The Complainants stated that transfer of package policy in the name of transferee can be done only on furnishing acceptable evidence of sale and a fresh proposal form duly filled in and signed. The old certificate of the insurance of the vehicle is required to be surrendered and a fee of Rs. 50/-is to be collected for issuance of fresh certificate in the name of the transferee. If for any other 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. The RC has been transferred on 14.7.2011 and the accident took place on 24.7.2011 within 10 days, as such, the accident took place within 14 days of the available grace period and as per GR-17 the insurance 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.

3. The Complainants pleaded that it was only after the death of Amrit Pal that the Cover note was found and she came to know about the Personal Accident Coverage also and it was immediately informed to the first Opposite Party i.e. the Insurance Company vide letter dated 14.8.2011. On 16.8.2011 claim was lodged under GR 36 of Compulsory PA for a sum of Rs. 2 lakhs and all the required documents i.e. Insurance Cover Note, R.C., D.L., PMR, Death certificate, copy of Voter cards and DDR etc. were submitted. An Investigator, Mr. Kiranjit Singh Romana was appointed on 23.8.2011 and the Investigator had taken the necessary documents like Voter Card, Ration Card and also the signatures of Satpal Garg on some blank papers. Thereafter, the Complainants had written a registered letter dated 16.9.2011 to the Insurance Company seeking settlement of their claim. A reminder was sent on 3.2.2012, but there was no response. Hence, the Complaint seeking direction to the Opposite Party to settle the claim amount together with compensation, interest and costs.

4. The Opposite Party filed their written version stating that the Complainant had concealed material facts and tha