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DAYA CHAUDHARY, SIMARJOT KAUR, VISHAV KANT GARG
ICICI Lombard General Insurance Company Limited – Appellant
Versus
Gurmail Singh – Respondent
JUDGMENT
Vishav Kant Garg, Member—Appellants/ICICI Lombard General Insurance Company Limited & Anr., have filed the present Appeal through its Authorized Signatory to challenge the majority view of the Ld. Members of the District Consumer Disputes Redressal Commission, Mansa passed in Complaint No. 51 of 2023 vide impugned order dated 28.11.2024 (in short, “the District Commission”), whereby the Complaint filed by the Respondent No.1/Complainant-Gurmail Singh had been partly allowed.
2. It would be apposite to mention here that hereinafter the parties will be referred, as were arrayed before the District Commission.
3. Briefly, the facts of the case as made out by the Respondent No.1/Complainant in the Complaint filed before the District Commission are that the Consumer Complaint was filed by Gurmail Singh, Complainant through his SPA Gurtej Singh. The Complainant had averred that he had purchased second hand Toyota Fortuner, Colour White Pearl MIC, from Kamaljit Singh of New Delhi and registered vide New Registration No. PB- 31-X-4022. Said vehicle was having Chassis No. MBJ11JV6104012753 and Engine No. 1KDU253535. At the time of purchase, said vehicle had been insured with OPs No
(1) Start of the 14-Day Grace Period – Under Section 157(2) of the Motor Vehicles Act, the statutory 14-day window for a new vehicle owner to transfer the existing insurance policy begins on the date....
Insurable interest must exist at the time of the accident for insurance claims, and mere transfer of ownership does not invalidate entitlement if proper documentation is maintained.
(1) Registered Owner - The complainant has rightly been held entitled to the claim, being the registered owner of the vehicle as the Registration Certificate and Insurance Policy were still in his na....
Transfer of Insurance Policy - As the complainant has failed to transfer the Insurance policy in his name from earlier owner of the vehicle, therefore, he cannot claim any compensation from the oppon....
Contractual obligations under vehicle insurance policy are specific and can only be discharged as per terms and conditions of policy.
Report submitted by Surveyor cannot be discarded without any reasonable cause.
The insurer is liable to indemnify compensation even if ownership transfer is unrecorded; the burden of proving permit violation lies with the insurer.
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