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CHHATTISGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, RAIPUR
R.S. Sharma, President, Heena Thakkar, Member
New India Assurance Company Limited & Anr. - Appellants
Versus
Surendra Kumar Bhilawe - Respondent
Appeal No. FA/14/85
Decided On : 07-02-2014
Advocate Appeared:
For the Appellants :Mr. P.K. Paul, Advocate.
For the Respondent:Mr. Neeraj Kumar Gupta, Advocate.
The central legal point established in the judgment is the importance of registration documents, insurance policy, and timely intimation of accidents in determining ownership and insurable interest in vehicle insurance claims.
Headnote:
Insurance - Vehicle Insurance - [Ashok Leyland 2214 Truck] - [Motor Vehicles Act, 1988, Section 146] - The court discussed the ownership of the insured vehicle, the transfer of ownership, and the validity of the insurance policy. The court highlighted the importance of registration documents, insurance policy, and loan repayment in determining ownership and insurable interest. The interpretation of these legal provisions influenced the court's decision to dismiss the appeal.
Fact of the Case:
The respondent's truck was insured, met with an accident, and the insurance claim was repudiated by the appellants. The respondent filed a complaint seeking compensation for the damage to the vehicle and the goods, as well as mental agony and litigation costs.
Finding of the Court:
The District Forum partly allowed the complaint, directing the appellants to pay compensation and interest to the respondent.
Issues: Ownership of the insured vehicle, transfer of ownership, validity of the insurance policy, and the timeliness of intimation regarding the accident.
Ratio Decidendi: The court found that the registration documents and insurance policy were in the name of the respondent, indicating ownership and insurable interest. The court also emphasized the lack of evidence supporting the transfer of ownership to another party and the timely intimation of the accident to the insurance company.
Final Decision: The appeal by the appellants was dismissed, upholding the District Forum's decision to award compensation to the respondent.
ORDER :
R.S. Sharma, President
This appeal is directed against order dated 9.1.2014, passed by the District Consumer Disputes Redressal Forum, Raipur (C.G.) (henceforth “District Forum” for short), in Complaint Case No. 404/2012. By the impugned order, learned District Forum, has partly allowed the complaint filed by respondent (complainant) and directed the appellants (OPs) to pay jointly or severally a sum of Rs. 4,93,500 within a month to the respondent (complainant) along with interest @ 6% p.a. from the date of filing of the complaint i.e. 6.10.2012 till the date of payment. The District Forum has further directed the appellants to pay a sum of Rs. 5,000 as compensation for mental agony and a sum of Rs. 2,000 as cost of litigation to the respondent.
2. Briefly stated the facts of the case are: that the respondent (complainant) is owner of vehicle Ashok Leyland 2214 Truck bearing registration No. C.G. 04-J.A. 3835 which was insured with the appellants (OPs) for the period from 2.6.2011 to 1.6.2012. The Policy No. is 45030031110100001693. The respondent (complainant) purchased the said vehicle with the help of finance provided by I.C.I.C.I. Bank. On 11.11.2011 after loading the goods in the vehicle, the driver Rajendra Singh departed to Dhanbad from Raipur and on 13.11.2012 at about 1.45 p.m. near Bhakuwa Toli, Police Station, Gumla, District Gumla (District Jharkhand) near culvert the vehicle turtled and was damaged extensively. The goods (ammonia nitrate) which was loaded in the said vehicle was also washed away. The driver of the vehicle made written complaint before Police Station, Gumla. The respondent (complainant) after completing all formalities submitted claim before the Ranchi Branch of the appellants through Mohammad Iliyas Ansari on 25.11.2011. Sale agreement was executed between Mohammad Iliyas Ansari and the respondent (complainant). As the said vehicle was financed by the I.C.I.C.I. Bank and the entire amount of the loan was not paid by the respondent (complainant), therefore, name of the purchaser was not transferred in the office of R.T.O., hence on the date of incident i.e. 13.11.2011 the owner of the vehicle is the respondent (complainant) and the Insurance Policy is also issued in the name of respondent (complainant), therefore, the respondent (complainant) is entitled to receive compensation from the appellants (OPs). The claim which was submitted by the respondent (complainant) before the appellants (OPs) on 25.11.2011 along with documents was transferred to office of appellant No. 1 (O.P. No. 1). On 22.3.2012 the appellant No. 1 sent letter to the respondent and informed that the vehicle was sold, therefore, there was no right in the insured vehicle and there was no insurable interest of the respondent (complainant) on the said vehicle. In reply to the above letter, the respondent (complainant) sent legal notice on 2.6.2013 to the appellants (OPs). Thereafter he went to the office of appellant No. 1 (O.P.) and sought information regarding his claim then the letter dated 2.6.2012 is not satisfactory. The respondent (complainant) submitted claim through Mohammad Iliyas Ansari for getting compensation, hence his claim is being not settled, so the respondent (complainant) himself submitted motor claim form on 22.8.2012 but the appellants (OPs) refused to take it thereafter the respondent (complainant) vide letter dated 27.8.2012 in his name sent claim form along with documents by regd. post to the appellants (OPs). Appellant No. 1 (O.P. No. 1) sent letter through its Advocate and informed that the claim which was submitted in the Divisional Office, Raipur was repudiated vide letter dated 13.4.2012 and the respondent (complainant) is having knowledge regarding this fact, whereas the respondent (complainant) has not received letter dated 13.4.2012 sent by the appellants (OPs). The appellants (OPs) informed the respondent (complainant) regarding repudiation of his claim after lapse of long time. The respondent
