NATIONAL INSURANCE COMPANY LTD Vs. ARJUN SINGH SON OF DALJEET SINGH
LAWS(PUNCDRC)-2010-1-1
PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on January 19,2010

NATIONAL INSURANCE COMPANY LTD Appellant
VERSUS
Arjun Singh Son Of Daljeet Singh Respondents

JUDGEMENT

- (1.) RANDEEP Singh was the owner of Ford Ikon car of 2001 model bearing registration certificate No. PB -02 -AB -7777. It was insured with the appellants for the period from 10.7.2001 to 9.7.2002. Said Randeep Singh sold the vehicle to Arjun Singh respondent. The respondent being the owner of the vehicle got the insurance policy renewed from the appellants for the period from 10.7.2002 to 9.7.2003. Since the ownership was not transferred in the name of the respondent, therefore, the insurance policy was issued in the name of the original owner, namely, Randeep Singh. The vehicle was got transferred by the respondent in his name on 28.7.2002.
(2.) IT was further pleaded that the vehicle met with an accident on 25.2.2003 and it was badly damaged. The respondent spent an amount of Rs. 55,802.35P in getting the vehicle repaired. The insurance claim was lodged with the appellants but it was repudiated. Alleging deficiency in service on the part of the appellants, the respondent filed the complaint in the District Consumer Disputes Redressal Forum, Amritsar (in short "District Forum") for insurance claim. Compensation, interest and costs were also prayed.
(3.) THE appellants filed the written reply. It was admitted that Randeep Singh was the owner of Ford Ikon Car of 2001 Model bearing registration certificate No. PB -02 -AB -7777 and it was insured with the appellants for the period from 10.7.2001 to 9.7.2002. It was also admitted that the appellants had issued the insurance policy for the period from 10.7.2002 to 9.7.2003 in the name of the owner, namely, Randeep Singh while the vehicle was transferred in the name of Arjun Singh respondent on 28.7.2002. It was not denied that the vehicle had met with an accident on 25.2.2003. On the receipt of the information about the accident, the appellants had appointed M/s Jasjeet Singh Hora and Co. as the surveyors/loss assessors, who assessed the loss to the tune of Rs. 39,305/ -. The insurance policy was not issued in favour of the respondent nor it was got transferred in the name of the respondent. Since the respondent did not have the insurable claim, therefore, he was not entitled to any insurance claim. It was denied if there was any deficiency in service on the part of the appellants or if the respondent was entitled to any insurance claim. Dismissal of the complaint was prayed.;


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