First Appeal No. 67 of 20147. Case: Vinay Bhagnal Vs New India Assurance Company Limited. Himachal Pradesh State Consumer Disputes Redressal Commission
| Case Number | First Appeal No. 67 of 20147 |
| Counsel | For Appellant: Rupinder Singh, Advocate and For Respondents: Ratish Sharma, Advocate |
| Judges | Surjit Singh, President and Prem Chauhan, Member |
| Issue | Consumer Protection Act, 1986 - Section 12 |
| Judgement Date | May 06, 2014 |
| Court | Himachal Pradesh State Consumer Disputes Redressal Commission |
Order:
Surjit Singh, President
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Appellant is aggrieved by the order dated 10.01.2014, of learned District Consumer Disputes Redressal Forum, Solan, whereby his complaint, under Section 12 of the Consumer Protection Act, 1986, which he filed against the respondent-New India Assurance Company Limited, has been dismissed, with the finding that the insured vehicle, in respect of which, claim had been made, was transferred by the insured, in favour of the appellant, about eight months, prior to the occurrence of accident and no intimation of such transfer was given to the respondent, as per requirement of GR-17. Bus No. HP-64-8097, which was insured with the respondent, in the name of one Smt. Neelam Bhagnal, for the period from 09.07.2008 to 08.07.2009, with the respondent, was transferred in the name of the appellant, on 06.09.2008, per registration certificate, copy Annexure-C/2C. Vehicle met with an accident on 04.05.2009 and was extensively damaged. Intimation of accident was given to the respondent, with whom, the vehicle was insured. A Surveyor was deputed by the respondent, who assessed the loss at Rs. 89,000/-. However, claim was repudiated by the respondent, on the ground that vehicle was insured, in the name of Smt. Neelam Bhagnal, who transferred it, in favour of the appellant, without any intimation to the respondent and there was no request within 14 days of transfer for transferring the insurance cover, in favour of the transferee of the vehicle. Appellant, therefore, has filed a complaint, under Section 12 of the Consumer Protection Act, 1986, seeking a direction to the respondent to pay insurance claim and also to pay compensation for alleged wrongful repudiation of claim, as also litigation cost.
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Complaint was contested by the respondent. It was stated that claim had rightly been repudiated, as the vehicle had been transferred in the name of the appellant by the insured on 06.09.2008 and no intimation of transfer of the vehicle was given upto the date of accident and also there were 57 persons, on board the vehicle, against the prescribed capacity of 44 passengers, at the time, when accident took place.
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Learned District Forum, vide impugned order, has held that respondent has not been able to lead any evidence, in support of the plea, that there were 57 persons on board the vehicle, against the seating capacity of 44 passengers, at the time when vehicle met with an accident and that the number of passengers was within...
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