The State Consumer Disputes Redressal Commission, Haryana, Panchkula, before whom the Central Bank of India creditor bank filed First Appeal No.
208/11/2007 before Motor Accident Claims Tribunal II, Dwarka Courts, New Delhi, which was allowed by said Tribunal, vide its order dated 17.11.2012 awarding companypensation to the tune of Rs.4,01,460/ with 7.5 interest per annum, against driver and owner of the vehicle.
The respondent filed companyplaint No.
40 of 2010, vide its order dated 18.10.2012, dismissing the appeal on the ground that in terms of loan agreement the Bank has a right to recover insurance premium, held that the Bank cannot escape its liability.
It appears that the Bank finally approached NCDRC by filing Revision Petition No.
We have heard learned companynsel for the parties and perused the papers on record.
3648 of 2013, but same was filed with delay of 230 days, and NCDRC in its wisdom did number find the explanation advanced for companydonation of delay as sufficient, as such, the revision petition was dismissed as barred by limitation.
DL 3S AY 0421, in which Pankaj son of Babu Ram Garg, died due to rash and negligent driving on the part of Diwan Singh, driver of the tractor owned by respondent Jagbir Singh.
Admittedly, the revision petition was filed on 11.10.2013.
157 of 208 before District Consumer Disputes Redressal Forum, Jhajjar, praying that the Central Bank of India appellant , i.e., the creditor bank should be made liable to pay the companypensation, awarded against him by the Tribunal.
The parents of the deceased filed claim petition No.
In terms of companyditions of loan the respondent was making deposits of the loan instalments of loan to the Bank.
HR 14B 3913 was number insured with any of the insurance companypanies, as required under Section 146 of the Motor Vehicles Act, 1988.
Had the vehicle been insured, the insurance companypany would have been liable and number the owner.
Hence, this appeal through special leave.
The vehicle was initially insured as required under Motor Vehicles Act, 1988, but numberpremium of insurance was paid by the respondent for the period after 25.5.2005.
On 24.9.2007 at about 11.50 a.m., an accident occurred between the above vehicle and motorcycle bearing registration No.
In other words, the creditor bank is number liable to get renewed the insurance policy on behalf of the owner of the vehicle from time to time.
The District Consumer Disputes Redressal Forum, vide its order dated 11.11.2009, held that the Bank present appellant is liable for the legal companysequences for number getting the insurance renewed.
Brief facts of the case, giving rise to this appeal, are that respondent Jagbir Singh purchased a tractor bearing registration No.
HR 14B 3913, after getting loan sanctioned from the appellant Bank.
A Three Judge Bench of this Court, in HDFC Bank Ltd. v. Kumari Reshma and others2, has further explained the law relating to liability of the creditor bank, and it has been held that the liability of such bank to get the vehicle insured is only till the vehicle companyes out on the road.
Paragraphs 23, 24 and relevant part of paragraph 25 of that judgment are reproduced as under In the present case, as the facts have been unfurled, the appellant bank had financed the owner for purchase of the vehicle and the owner had entered into a hypothecation agreement with the bank.
The borrower had the initial obligation to insure the vehicle, but without insurance he plied the vehicle on the road and the accident took place.
Prafulla C. Pant, J. This appeal is directed against order dated 19.11.2013, passed by National Consumer Disputes Redressal Commission for short NCDRC , New Delhi, in Revision Petition No.
3648 of 2013 whereby the revision filed by the present appellant is dismissed.
