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B.H.Gadhavi
A-14-600, A-14-1279
Page 1 of 19
A-14-600
A-14-1279
IN THE CONSUMER DISPUTES REDRESSAL
COMMISSION, GUJARAT STATE AT AHMEDABAD.
Court-2
APPEAL NO. 600 of 2014 & APPEAL NO.1279 of
2014
APPEAL NO. 600 of 2014
Arvindkumar Manilal Patel
77, Nilkanth Society,
Behind Rajkamal Petrol Pump,
Highway, Mehsana-2
…Appellant
(Ori.Complainant.)
Vs.
Bharti Axa General Insurance Co.Ltd.,
401-402,4th Floor,
Third Eye Complex
Panchwati Cross Roads
CG Road
Ahmedabad-380006
...Respondent
(Ori. Opponent.)
Appearance: Ld. Advocate Mr.V.M.Pancholi
For the appellant,
Ld. Advocate Mr. Darshil Parikh on
behalf of Ld. Advocate V.P.Nanavaty
for the respondent.
APPEAL NO. 1279 of 2014
Bharti Axa General Insurance Co.Ltd.,
401-402,4th Floor,
Third Eye Complex
Panchwati Cross Roads
CG Road
Ahmedabad-380006.
…Appellant
(Ori. Oppo.)
Vs.
Details
DD
MM
YY
Date of Judgment
05 10
2021
Date of filling
02 07
2014
Duration
03 03
07 Details
DD
MM
YY
Date of Judgment
05 10
2021
Date of filling
09 04
2014
Duration
26 05 07
B.H.Gadhavi
A-14-600, A-14-1279
Page 2 of 19
Arvindkumar Manilal Patel
77, Nilkanth Society,
Behind Rajkamal Petrol Pump,
Highway, Mehsana-2
...Respondent
(Ori. Complainant.)
Appearance: Ld. Advocate Mr. Darshil Parikh on
behalf of Ld. Ad. Mr. V.P. Nanavaty
for the appellant
Ld. Advocate V.M. Pancholi
for respondent.
Coram : Shri M.J.Mehta Judicial Member
Order by Shri M.J.Mehta, Judicial Member
1. Being aggrieved and dissatisfied with the
judgment and order dated 07.03.2014 passed by
the Consumer Disputes Redressal Forum,
Mehsana in Complaint No. 41 of 2012.
2. The appellants have preferred instant appeals on
the grounds that the impugned order is
arbitrary, perverse and is bad in law. The parties
will be referred to as per their original
nomenclature for the sake convenience
3. The brief facts of the case are as under:
complainant has purchased a car No. GJ-2-AP-
0569 form the original owner Vipul Kumar
Parmar, the said insurance policy is with the
name of the original vehicle’s owner for the
period of 14.07.2011 to 13.07.2012. thereby
insurance company is liable to compensate if any
damages caused to the insured, on 13.01.2012
intimation given to the RTO office Mehsana and
ultimately RTO has on 27.01.2012 car was
registered on the name of the complainant and
B.H.Gadhavi
A-14-600, A-14-1279
Page 3 of 19
RC Book was issued , thereafter on 07.02.2012
accident taken place and car GJ-2-AP-0569
damaged and for that complainant has filed the
complaint on 08.02.2012 before the insurance
company,
insurance
company
appointed
surveyor to assess the damage caused to the
complainant’s car, thereafter on 14.03.2012
claim was repudiated as per GR-17 the owner in
the policy and the owner in the RC book both are
different person. Thereby complainant has
brought this complaint before the consumer
Forum Mehsana on conclusion of trial the
complaint of the complainant was partly allowed,
and Rs. 15,500/- with interest of 9% ordered to
be paid by the insurance company.
4. Being aggrieved with this order complainant has
preferred an appeal to enhance the award
amount, and on the other hand insurance
company has preferred an appeal against the
order of the forum to quash and set aside award
passed by the Ld. Trial forum.
5. Here in the present case both the sides parties
advocates are heard, I gone through the records
and also considered the judgement of the Ld.
Trial Forum.
6.
The crucks of the issue is to be dealt with is that
the new owner of the vehicle Mr. Arvindkumar
Manilal Patel who has purchased the vehicle
from the original owner Mr. Vipulbhi Parmar and
the vehicle got transferred from the RTO office ?,
B.H.Gadhavi
A-14-600, A-14-1279
Page 4 of 19
and further the insurance policy should have to
be transferred in the name of the new purchaser
but it was not done and accident taken place a
