NATIONAL INSURANCE CO.LTD. Vs. RAJESH GUPTA
LAWS(DELCDRC)-2006-3-13
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on March 09,2006

NATIONAL INSURANCE CO.LTD. Appellant
VERSUS
RAJESH GUPTA Respondents

JUDGEMENT

J.D.KAPOOR,PRESIDENT - (1.) RESPONDENT purchased one Tata Sumo from one Shri Vijay Veer Chabra on 23rd June, 1999 and obtained the insurance policy from the appellant against theft and other incidence for Rs. 3,36,000 on 25th June, 1999. Insurance Cover Note was issued in the name of respondent on receipt of cheque issued by him and on the strength of insurance receipt and sale letter and other documents. However, the vehicle was still registered in the name of the original owner in the Regional Transport Authority where the formalities for issuing registration certificate in the name of respondent were pending that in the meantime the vehicle was stolen on 4th November, 1999. The claim of the respondent was repudiated solely on the ground that he was not the registered owner of the vehicle and as such insurable interests were not transferred in his name.
(2.) FEELING aggrieved the respondent approached the District Forum and obtained the impugned order dated 14.8.2002 whereby the appellant has been directed to pay a sum of Rs. 2,30,000 along with interest @ 12% and Rs. 1,000 as litigation expenses.
(3.) FEELING aggrieved the appellant has preferred this appeal. The main contention of the Counsel for the appellant is that in terms of Sub -section (30) of Section 2 of Central Motor Vehicles Act the respondent is not the registered owner and since the registration in the instant case was still in the name of the original or first owner the respondent had no locus standi to file claim nor was entitled to receive the same. It is however, contended by the Counsel for the appellant that ╦ťInsurance Cover Note was issued to the respondent merely on handing over the sale letter and Forms 29 and 30 under Motor vehicles Act but it did not mean that the insurance policy was subsisting in the name of the respondent.;


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