UNITED INDIA INSURANCE COMPANY LIMITED Vs. NAVDEEP KUMAR
LAWS(PUNCDRC)-2010-12-8
PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on December 23,2010

UNITED INDIA INSURANCE COMPANY LIMITED Appellant
VERSUS
Navdeep Kumar Respondents

JUDGEMENT

- (1.) THE version of the respondent was that he was the owner of scooter bearing registration certificate No. PB -08AD -9138. It was insured with the appellants for the period from 3.l1.2001 to 2.11.2002 for a sum of Rs. 20,000. It was stolen in the month of January 2002 for which FIR No.8 dated 18.1.2002 was got registered in Police Station, Division No. 5, Jalandhar for offence punishable under Section 379, IPC. Information was also given to the appellants. Neither the scooter was traced by the police nor the appellants had made the payment of insurance claim. Hence the complaint for recovery of Rs.20,000 as insurance claim. Compensation, interest and costs were also prayed.
(2.) THE appellants filed the written reply. It was not denied that the scooter bearing registration certificate No. PB -08AD -9138 was insured with the appellants for the period from 3.11,200.1 to 2.11.2002 and the claim was repudiated by the appellants.
(3.) HOWEVER , the version of the appellants was that the respondent had already sold this scooter to one Ashwani Kumar son of Shri Devi Chand for an amount of Rs. 23,500 for which the respondent had executed an affidavit dated 18.8.2001. This fact was fortified for another reason that the complaint has been filed by the respondent through his attorney Divesh Kumar and this Divesh Kumar is the son of said Ashwani Kumar who was the purchaser of this scooter from the respondent. Therefore the respondent was not the owner and he had no right to claim the insurance claim. Dismissal of the complaint was prayed. The respondent proved his attorney as Ex.C -1, copy of the insurance policy as Ex. C -2 and documents Ex. C -3 to Ex. C -9.;


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