M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PLOT NO. 76, ARERA HILLS, BHOPAL (M.P.)

FA No. 971 /2017.

Divisional Manager, Divisional Office, The Oriental Insurance Company Ltd., Block No.6, 7, 8, Dutt Residency, In front of Railway Stadium, Civil Line, Jabalpur (M.P.). …. APPELLANT.

VERSUS Jasween Singh, s/o Shri Shambhoonath, Occupation - Business, Proprietor Jainco Earth Movers, Choutha Mill, Tilhari Thana, Cant, Jabalpur (M.P.). …. RESPONDENT.

BEFORE:

HON’BLE SHRI JUSTICE SHANTANU S. KEMKAR, PRESIDENT HON’BLE SHRI D. K. SHRIVASTAVA, MEMBER HON’BLE DR. (SMT) MONIKA MALIK, MEMBER COUNSEL APPEARING FOR THE PARTIES :

NONE FOR THE PARTIES.

OR DER

(Passed on 10 /04/ 2023)

The following order of the Commission was delivered by Shantanu S.

Kemkar, J :

This appeal is at the instance of the opposite party / Insurance Company challenging the order dated 25.4.2017 passed by the District Consumer Disputes Redressal Commission -No.2, Jabalpur (For short ‘District Commission’) in C.C.No.455/2014, partly allowing the complaint filed by the respondent / complainant by directing the appellant to pay 75% of the repair expenses incurred by the respondent for getting the repair of his accidental insured vehicle.

2. Briefly stated, the respondent / complainant had filed a complaint case stating therein that he had purchased a Tata Tipper vehicle after obtaining loan from the Bank and got it insured with the appellant from 27.7.2012 to 26.7.2013. He also stated that he had obtained temporary registration certicate of the said vehicle w.e.f. 3.7.2012 to 2.8.2012. According to him on 13.8.2012 he had deposited Rs.1000/- in the office of the RTO, Jabalpur for obtaining permanent registration certificate of the said vehicle. The same was granted to him on 24.8.2012. However before the grant of registration certificate on 14.8.2012 the said vehicle dashed to a tree and suffered damage of which intimation was given to the Insurance Company. After getting the survey done he got the vehicle repaired. He then submitted the claim papers for getting the compensation but his claim was repudiated by the Insurance Company vide repudiation letter dated 9.5.2014 stating therein that on the date of the incident the vehicle was not having registration certificate, permit and fitness certificate. In the circumstances, there being violation of the conditions of the insurance policy the claim is not payable. Feeling aggrieved the respondent / complainant had filed the complaint case alleging deficiency in service on the part of the appellant / Insurance Company in not making the payment inspite of the fact that the vehicle was insured with it.

3. After considering the pleadings and the evidence led by the parties, the District Commission placing reliance on a judgement passed by the National Commission in Aroma Paints Ltd. & Anr. Versus New India Assurance Co. Ltd. & Ors., III (2013) CPJ 635 (NC) held that if the vehicle is insured mere fact that it is not registered, is no ground to deny the claim amount. Having held so and considering the fact that the appellant though was not having valid and effective registration certificate of the vehicle, but he had deposited amount of Rs.1000/- towards registration fees on 13.8.2012 and the accident having taken place on 14.8.2012 the respondent / complainant can be compensated by paying

75% of the loss suffered by him to his vehicle in the said accident. Feeling dissatisfied with the said order the appellant / Insurance Company has filed this appeal.

4. We have perused the impugned order and the record. We have also gone through written arguments submitted by the parties.

5. Having considered the written arguments and after going through the impugned order in our considered view merely because the vehicle was insured does not give licence to the insured to ply any transport vehicle on the road without registration, permit and fitness certificate. The submission of the respondent that the vehicle was having temporary registration an