Appeal No.385/09

Preetam Singh V. The New India Insurance Co.Ltd. & ors.


Before:


Mr.Justice Sunil Kumar Garg-President

Mrs.Vimla Sethiya-Member


Shri R.K.Tongawat,counsel for the appellant



Date of judgement: 24.3.2009


Heard at admission stage.

This appeal has been filed by the complainant appellant against the order dated 2.2.09 passed by the District Forum,Camp Jaipur in complaint no. 29/09 (846/07 of D.F.,Jaipur-II),by which the complaint of the complainant appellant was dismissed.


It may be stated here that the complainant appellant had filed a complaint against the respondents insurance company before the District Forum-II,Jaipur on 13.6.07 interalia stating that a maruti van Ambulance bearing no.RJ.02 E.0092 was purchased by the complainant appellant from Lions Club International,Behror on 15.2.07 for a sum of Rs.1,35,000/- and thereafter the vehicle in question was registered in the name of the complainant appellant on 27.2.07 and old number was replaced by a new number RJ.14 P.A.6614 and the registration certificate was received by the complainant appellant on 9.3.07. It was further stated in the complaint that the said vehicle before its purchase was got insured by the Lions Club International,Behror for the period 22.1.07 to 21.1.08.It was further stated in the complaint that the said vehicle had met with an

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accident with a truck on 4.3.07, as a result of which the vehicle in question was damaged and information of that incident was given by the complainant appellant to the office of the respondents insurance company on 13.3.07 and since the claim was not settled by the respondents insurance company,therefore, the complaint was filed.


A reply was filed by the respondents insurance company and the case of the respondents insurance company was that the contract of insurance with the complainant appellant was made on 21.8.07 and prior to that there was no privity of contract between the parties and since the accident had taken place on 4.3.07,therefore,on the date of accident,the complainant appellant was not having any insurable interest in the vehicle in question as the contract of insurance between the parties was for the period 21.8.07 to 21.1.08 and it was prayed that the complaint be dismissed.


The District Forum after hearing both the parties,through the impugned order dated 2.2.09 had dismissed the complaint interalia holding that the accident had taken place on 4.3.07 and prior to that the vehicle in question was insured in the name of Lions Club International,Behror and the police in question was transferred in the name of the complainant appellant on 21.8.07 and that policy was in force for the period 21.8.07 to 21.1.08 and further prior to the accident ie on 4.3.07 the complainant appellant had not informed the respondents insurance company about the purchase of the vehicle,therefore,on the date of accident,the complainant appellant was not having any insurable interest.


Aggrieved from that order,this appeal has been filed by the complainant appellant.


In our considered opinion,the findings recorded by the District

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Forum by which the complaint of the complainant appellant was dismissed are liable to be confirmed one as from the facts narrated above,it is very much clear that on the date of accident ie 4.3.07,the complainant appellant was not having any insurable interest as the vehicle in question was insured in the name of Lions Club International,Behror and since there was no privity of contract of the complainant appellant with the respondents insurance company on the date of accident,therefore,in such a case the claim could only be made by the original insured person ie Lions Club International,Behror and not by the complainant appellant.


For reasons as stated above,the respondents insurance company was justified in repudiating the claim of the complainant appellant and further the findings recorded by the District Forum by which the complaint was dismissed are liable to be confirmed one and appeal deserves to be dismissed and the same is dismissed. However,liberty is given to the original insured Lions Club International,Behror to file a complaint if so,and for that the time spent before the District Forum as well as before this Commission could be sought to be exempted u/s 14 of the Limitation Act as laid down by the Hon'ble Supreme Court in case of Laxmi Engineering Works V. PSG Industrial Institute reported in 1995(III) SCC 583.