Insurers are not liable for claims if policy transfer is not completed within the stipulated period post-ownership change.

JUDGMENT

The petitioner, the legal heir of Sri.Victor Olav Fernandes, who is stated to have passed away on 09.05.2019, is before this Court, seeking appropriate directions to the respondent herein to honour an Insurance claim lodged by him, which stood rejected by Ext.P9.

2. As already noticed, the petitioner’s father passed away on 09.05.2019. The petitioner’s father was the registered owner of a Motor Car having registration No.KL 02 BE 955. The petitioner states that he sought for transfer of registration under the provisions of the Motor Vehicles Act , on 13.09.2019 and the same was rejected on 08.11.2019, for want of an appropriate NOC from the finance Company. In the mean time, on 23.10.2019, the vehicle met with an accident and the petitioner lodged a claim with the respondent relying on the policy, which was in the name of the deceased father. By Ext.P9, the respondent sought to deny the claim, stating that it was the bounden due of the petitioner to have transferred the insurance Policy in his name, within a period of 90 days, and since that is not done admittedly, he is no entitled for the benefits.

3. I have heard Sri.R.Rajesh, the learned counsel for the petitioner, Sri.P.K.Manoj Kumar, the learned counsel for the respondent herein.

4. The facts are not in dispute. Admittedly, the petitioner sought for seeking transfer of the registration certificate under the Motor Vehicles Act on 13.09.2019. However, he has no case that he sought for transfer of the insurance policy in his name or that he has taken out the fresh insurance policy. It is the case of the petitioner that it was only on account of the time taken for getting the legal heir-ship certificate, there was delay in applying for transfer of the registration certificate and that was the reason why the insurance policy was also not sought to be transferred in his name.

5. I am unable to accept the afore contention.

6. Under the Clause No.9 of the Indian Motor Tariff, it was the bounden duty of the petitioner to have sought the insurance policy to be transferred in his name, within the time prescribed thereunder - 90 days. Admittedly, such a transfer has not taken place.

7. The petitioner has no case that he has even approached the Insurance Company pointing out about the death of his father and also the time taken for getting the legal heir-ship certificate to contend that he is not in a position to transfer the insurance Policy.

8. Hence, I am of the opinion that the stand taken in Ext.P9 cannot be said to be incorrect or arbitrary.

Resultantly, I find no merit in this writ petition and the same would stand dismissed.

Sd/-

HARISANKAR V. MENON JUDGE ANA APPENDIX OF WP(C) 33102/2019 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE NO.KL-02-BE-955.

EXHIBIT P2 THE TRUE COPY OF THE INSURANCE POLICE NO.1007053118P1151168997 DATED 21.2.2019.

EXHIBIT P3 THE TRUE COPY OF THE DEATH CERTIFICATE OF VICTOR OLAV FERNANDES DATED 25.5.2019 ISSUED BY THE NAVAIKULAM GRAMA PANCHAYATH.

EXHIBIT P4 THE TRUE COPY OF THE LEGAL HEIR SHIP CERTIFICATE BEARING NO.B2-17813/19100 DATED 27.9.19.

EXHIBIT P5 THE TRUE COPY OF THE APPLICATION FOR TRANSFER OF OWNERSHIP OF THE VEHICLE ALONG WITH THE CONSENT LETTER OF THE PETITIONER'S MOTHER.

EXHIBIT P6 THE TRUE COPY OF THE ABSTRACT OF GENERAL DIARY ENTRY OF KOTTIYAM POLICE STATION.

EXHIBIT P7 THE TRUE COPY OF THE ESTIMATE OF REPAIRS OF MALAYALAM MOTORS (P) LTD.

EXHIBIT P8 THE TRUE COPY OF THE MOTOR CLAIM FORM SUBMITTED BEFORE THE RESPONDENT.

EXHIBIT P9 THE TRUE COPY OF THE REPUDIATION LETTER DATED 8.11.2019 ISSUED BY THE RESPONDENT.