ORIENTAL INSURANCE COMPANY LIMITED Vs. CAPT AJAY SINGH YADAV
LAWS(UTRCDRC)-2006-2-1
UNION TERRITORY STATE CONSUMER DISPUTE REDRESSAL COMMISSION
Decided on February 10,2006

ORIENTAL INSURANCE COMPANY LIMITED Appellant
VERSUS
CAPT AJAY SINGH YADAV Respondents


Referred Judgements :-

NEW INDIA ASSURANCE CO. LTD. V. MANJIT PAL SINGH AND OTHERS [REFERRED TO]
COMPLETE INSULATIONS PRIVATE LIMITED VS. NEW INDIAASSURANCE COMPANY LIMITED [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LIMITED VS. SHEELA RANI [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. SHARANJIT KAUR [REFERRED TO]


JUDGEMENT

- (1.)APPEAL No. 236 of 2005 has been directed by the Oriental Insurance Company against order dated 31.10.2005 passed by Consumer Disputes Redressal Forum -I, U.T. Chandigarh (hereinafter to be referred as District Consumer Forum), whereby the complaint filed by Capt. Ajay Singh Yadav and Smt. Vasu Devi was accepted and the Oriental Insurance Company was directed to pay Rs. 1,23,888.32p on account of parts, as assessed by the Surveyor and Rs. 55,000 on account of labour charges, total amounting to Rs. 1,78,888 along with interest @ 8% p.a. with effect from 2.5.2005 (after giving margin of three months from the date of survey report dated 2.2.2005). Respondents Capt. Ajay Singh Yadav etc. were also awarded costs which were quantified at Rs. 2,200.
(2.)BRIEFLY stated the facts are that Capt. Ajay Singh Yadav was the registered owner of Toyota Qualis, having registration No.HR -29 -N -0018. He sold it to his maternal aunt Smt. Vasu Devi, resident of House No. 578, Sector -11, Panchkula and the registration certificate was transferred in the name of Smt. Vasu Devi on 12.10.2004. The photocopy of registration certificate is Annexure C -1. The said vehicle was insured with the Oriental Insurance Company and the insurance policy was in the name of Capt. Ajay Singh Yadav.
(3.)IT was next averred that on 19.10.2004, the Oriental Insurance Company was intimated by Capt. Ajay Singh Yadav about the sale of vehicle and to transfer the insurance policy in the name of Smt. Vasu Devi. The copy of the letter of intimation is Annexure C -2 and the same was acknowledged in the office of Sh. Thapa, Branch Manager, SCO No. 45, Ist floor, Sector -20 -C, Chandigarh, vide acknowledgement, whose copy is Annexure C -3.
It was further averred that the said vehicle met with accident on 2.12.2004 at light point of Sector -27/28, Chandigarh and was damaged. FIR No. 296 dated 2.12.2004 about the accident was lodged at Police Station, Sector -26, Chandigarh. The incident was also reported to Mr. Grover, Divisional Manager as well as Mr. Thapa, Branch Manager, who in response to the intimation, appointed Er. G.S. Riar, Surveyor -Loss Assessor and Chartered Engineer. He conducted survey and intimated the same to Capt. Ajay Singh Yadav vide letter dated 3.1.2005 and submitted his report to Mr. Thapa, Branch Manager.



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