Motor Vehicles Act, 1988: ss. 2(30) and 157– Damage to the insured vehicle in road accident – FIR lodged regarding the accident – Spot survey by Surveyor and Loss Assessor appointed by insurer – Insurance claim – Repudiated by insurer on the ground that the insured vehicle was already sold to someone else and that there was delay in filing police complaint and reporting the accident to the insurer – Case of the claimant was that though Sale agreement was entered into but the vehicle was not transferred to the transferee as the financier Bank had not issued ‘No Objection’ to the claimant for transfer – District consumer Forum as well as State Commission allowed the claim of the insured – National Consumer Commission disallowed the insurance claim – Appeal to Supreme Court – Held: National Commission erred in reversing the concurrent factual findings ignoring the admitted facts that the registration of the insured vehicle and permit was in the name of the claimant on the date of accident; that claimant was paying insurance premium; that insurance policy was in the name of the claimant and that the financer Bank had not issued ‘No Objection’ for transfer of the insured vehicle – National Commission also overlooked the definition of ‘owner’ in s. 2(30) and provision for transferability of a policy of insurance u/s. 157.

Allowing the appeal, the Court