Decided on August 12,2008

Sosama Seelas Respondents


- (1.) THE National Insurance Company Limited (Original O.P. Nos. 1 and 2) has filed this appeal challenging the award passed by the District Consumer Forum, Thane in Complaint No. 517/2006 decided on 1.12.2007.
(2.) THE facts to the extent material to dispose of this appeal states as under: Smt. Sosama Seelas, R/o. of Ulhasnagar had filed consumer complaint against the National Insurance Company Limited alleging deficiency in service. According to her, she had purchased Tata Indica car bearing No. PB -02/V/214 for Rs. 2,10,000 from Sou. Anita Agrawal on 1.11.2003. The said vehicle was already insured with the National Insurance Company Limited by previous owner for a period of 21.7.2003 to 20.7.2004. However, complainant had not got vehicle registered in her name with R.T.O. because according to her, her original papers given by previous owner were lost and she had lodged police complaint about the loss of vehicle documents. Before she could procure duplicate documents, on 23.3.2004, her vehicle met with an accident. She lodged police complaint and also intimated about the accident to the Insurance Company. She received duplicate R.C. book in April 2004. Sou. Anita Agrawal had not lodged insurance claim hence she filed insurance claim with the O.P./Insurance Company on 6.4.2004 in the name of Sou. Anita Agrawal. The Insurance Company appointed M/s. J. M. Dadhiya and Company as Surveyors. The car was inspected by the Surveyor at the garage of Best Auto Repairs and Services. The complainant incurred expenses of Rs. 72,000 to get the said car duly repaired. She also paid toeing charges of Rs. 500. She claimed the said amount from the O.P. However, O.P./Insurance Company repudiated the claim on the ground that complainant was not registered owner of the vehicle and the policy was purchased by Sou. Anita Agrawal and not by the complainant. After receipt of repudiation letter, the complainant filed consumer complaint in the District Forum, Thane.
(3.) O .P. National Insurance Company Limited filed written statement and pleaded that the vehicle which met with an accident was belonging to Sou. Anita Agrawal and insurance policy was also purchased by Sou. Anita Agrawal and Insurance Company was not having knowledge of the fact that Sou. Anita Agrawal sold the said vehicle to the present complainant. The complainant too did not inform about she having purchased Tata Indica car bearing No. PB -02/V/214. The Insurance Company admitted that it had received claim petition from the complainant on 6.4.2004 but in that petition complainant showed herself as driver of the vehicle and owner was Sou. Anita Agrawal. After surveyor carried survey, it was found that owner Sou. Anita Agrawal had no knowledge of the car having met with an accident. According to the Insurance Company, the complainant was not owner of the vehicle on the day accident took place. On that day Sou. Anita Agrawal was the registered owner of the vehicle and therefore the complainant had no locus standi to file consumer complaint and she had falsely alleged that she had purchased the said car from Sou. Anita Agrawal on 1.11.2003 to receive the insurance dues from the Insurance Company. The parties adduced affidavits and documents on record. On perusal of those documents and upon hearing advocates of rival parties, the learned District Forum allowed the complaint and directed the Insurance Company to pay amount of Rs. 72,500 with interest at the rate of 8% per annum from 1.4.2004 till its realization and also awarded Rs. 10,000 towards mental harassment and Rs. 1,000 towards cost. Aggrieved thereby, the Insurance Company has come up in appeal.;

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