Chennai Ombudsman Centre
Case No. : IO (CHN) 11.08.1232/2007 – 08
Mr. Praveen Kumar
Vs
Tata AIG General Insurance Co. Ltd
The complainant Mr. Praveen Kumar purchased a Ford Ikon car on 28.12.2006 and effected transfer in the Registration Certificate in his favour with effect from 28.12.2006. The insurance policy was in the name of Mrs Valsala Madhu, the previous owner and the policy period was from 04.09.06 to 03.09.2007. The complainant informs that he approached the insurance company and was told that the transfer of insurance would be carried out only after the registration certificate of the vehicle is transferred. The RC book was given to the agent for transfer and received only in the last week of January 2007.
In the meantime the vehicle met with an accident. When approached for transfer of insurance, the insurance company refused to effect the same and informed that no transfer endorsement could be made after an accident and also denied liability for the OD claim. The representative of the Insurer stated that the complainant had intimated the claim only on 09.02.07 after one month from the date of accident and confirmed through copies of their call centre records. Against the contention of the complainant for visiting the insurance company, since insurer maintain visitors book, they were able to prove that no such visits have been made.
The complainant had not applied with in fourteen days from the date of transfer in writing under recorded delivery to the insurer and could not establish that he made such an application for transfer of the vehicle with in the stipulated time. It is observed that neither specific request from the transferee along with consent of transfer or nor evidence of sale/fresh proposal submitted for effecting transfer of insurance.
Since the insurable interest in respect of Mrs. Valsala Madhu ceased to exist after the sale of vehicle and the new owner Mr. Praveen Kumar’s interest not transferred as per the provisions of the Motor Vehicle Tariff under GR.17, the complaint is dismissed.
