ORDER
M.B. Shah, J. (President)
1. Being aggrieved and dissatisfied by the judgment and order dated 30.3.2005 passed by the State Consumer Disputes Redressal Commission, Punjab in Appeal No. 778/2004, the Insurance Company has preferred this revision.
2. Learned Counsel Mr. Kishore Rawat appearing on behalf of the Insurance Company submitted that the order passed by the State Commission is on the face of it erroneous and against the law laid down by the Apex Court in Complete Insulations (P) Ltd. v. New India Assurance Co. Ltd. and Rikhi Ram and Anr. v. Sukhrania (Smt.) and Ors. . It is true that the judgment rendered by the State Commission is against the law laid down by the Apex Court in the aforesaid cases.
3. In the present case, one Jaswant Singh was the owner of Maruti car. He had taken insurance policy for a period from 27.7.2002 to 26.7.2003. He transferred the said car to Punjab Singh, husband of the complainant on 20.9.2002. Unfortunately on 3.3.2003, the car met with the accident and Punjab Singh succumbed to the injuries. An FIR was lodged against the driver of the truck with which the vehicle met with the accident.
4. Wife of Mr. Punjab Singh filed complaint No. 115/2003 before the District Consumer Disputes Redressal Forum, Fatehgarh Sahib claiming assured sum of Rs. 2 lakh from the Insurance Company. District Forum by its judgment and order dated 30.3.2005 allowed the complaint. Against that order Insurance Company had preferred an appeal before the State Commission and that appeal was dismissed by the State Commission.
5. It is undisputed that after transfer of the car in favour of the deceased Punjab Singh, no steps were taken for transferring the policy as required under Section 157 of the Motor Vehicles Act or as per the rules of the Insurance Company.
6. On the basis of the decisions rendered by the Apex Court in the aforesaid two cases, transferee is not entitled to get the benefit of the insurance policy.
7. Hence, this revision petition is allowed. Impugned order passed by the State Commission confirming the order of the District Forum is set aside. The complaint is dismissed. There shall be no order as to costs.
It is true that this is a hard case, but we cannot help.