NATIONAL INSURANCE CO LTD Vs. MOHINDER SINGH
LAWS(UTRCDRC)-2006-9-5
UNION TERRITORY STATE CONSUMER DISPUTE REDRESSAL COMMISSION
Decided on September 26,2006

NATIONAL INSURANCE CO LTD Appellant
VERSUS
MOHINDER SINGH Respondents

JUDGEMENT

- (1.)THIS appeal has been directed by OP No. 2 against order dated 18.4.2006 passed by District Consumer Disputes Redressal Forum -I, U.T., Chandigarh (hereinafter to be referred as District Consumer Forum) vide which the complaint of Sh. Mohinder Singh -respondent was accepted with costs of Rs. 1,100 and appellant and OP No. 1 (as mentioned in the complaint) were directed to pay Rs. 85,132 along with interest @ 7% p.a. from the date of repudiation of the claim i.e. 17.11.2004 till payment.
(2.)BRIEFLY stated the facts are that respondent (complainant) purchased Maruti Car (ZEN) LXI bearing No. CH -03 -K -5552 in the name of her daughter -in -law Smt. Harbinder Kaur. It was got insured with the National Insurance Company Limited i.e. OP No. 1 (as mentioned in the complaint) vide policy No. 7421176 which was valid from 28.2.2004 to 27.2.2005, the copy of insurance policy is Annexure C -1. Later on Smt. Harbinder Kaur sold the said car in favour of the respondent and it was duly transferred in his name and the copy of the registration certificate is Annexure C -2. Unfortunately the said vehicle met with an accident on 12.10.2004 and sustained extensive damage.
(3.)IT was next averred that the respondent lodged claim with the National Insurance Company Limited on 3.11.2004 vide claim application, whose photocopy is Annexure C -3. However, the National Insurance Company Limited repudiated the claim vide letter dated 17.11.2004 on the ground that the insurance policy had not been transferred in the name of the respondent and as such he has no insurable claim.
Alleging deficiency in service, the complaint was filed for indemnification of loss to the tune of Rs. 87,132 along with interest @ 18% p.a. He also claimed Rs. 50,000 as compensation on account of harassment, etc., besides Rs. 5,000 as costs of litigation.



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