ORIENTAL INSURANCE COMPANY LTD. Vs. LAL CHAND
LAWS(HPCDRC)-2009-1-6
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on January 03,2009

ORIENTAL INSURANCE COMPANY LTD. Appellant
VERSUS
LAL CHAND Respondents

JUDGEMENT

ARUN KUMAR GOEL - (1.) VEHICLE bearing registration No. HP -58 -0205 being insured with the appellant is not in dispute. It was stolen on 14/15.9.2003 while it was parked at Alooground, Manali. Other facts have been noted in detail in the order of the District Forum below dated 4.4.2008 whereby complaint case No. 7/2008 was disposed of. By means of impugned order, appellant has been directed to pay Rs. 95,000 with interest @ 9% per annum from the date of institution till payment with costs of Rs. 2,000. Hence this appeal by the Insurance Company.
(2.) MR . Sharma, learned Counsel for the appellant raised two grounds in support of this appeal, namely, (a) that Lal Chand had no insurable interest in the vehicle in question as intimation of transfer in accordance with Section 157 of the Motor Vehicles Act, 1988, read with G.R. 17 of the India Motor Tariff was not given either by the registered owner i.e. Shri Tek Ram or by the transferee Lal Chand, respondent; and (b) that there is no privities of contract between the parties to this appeal, therefore, on both these counts, appeal deserves to be allowed by setting aside the impugned order and consequently dismissing the complaint.
(3.) BOTH these grounds have been contested and resisted on behalf of the respondent. Thus Mr. Negi prayed for dismissing this appeal with costs. Before proceeding further in this matter, another fact on which learned Counsel for the parties were not at variance needs also to be noted. It is that on 14.9.2003 appellant had accepted the cheque of insurance premium issued by the respondent.;


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