Key Points: - (!) The District Forum granted relief to complainant No.1 for insurance claim amount, interest, compensation, and costs, noting insurable interest arose on filing for transfer of ownership and that the accident occurred before RC transfer was completed. (!) - (!) The Commission upheld the Forum’s order, dismissing the appeal as devoid of merit and confirming the relief awarded to the complainant. (!) - (!) It was observed that GR17 of the All India Motor Tariff requires transferee to intimate the insurer and apply for transfer within 14 days of vehicle transfer; however, the Forum found insurable interest created on the date of filing for transfer, and the insurer did not show proof of denial of claim based on lack of insurable interest within that period. (!) - (!) The appellant insurer argued based on Bajaj Allianz Insurance Co. Ltd. v Mohammad Umar, but the Forum distinguished that case as distinguishable and ruled no interference. (!) - (!) The final order states the appeal is dismissed at preliminary stage with no costs and the District Forum’s order upheld. (!)
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| Dated : 27 Oct 2016 | ||||||||||||||
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