AMRIK SINGH Vs. NEW INDIA ASSURANCE CO LTD
LAWS(J&K)-1999-5-12
HIGH COURT OF JAMMU AND KASHMIR
Decided on May 10,1999

AMRIK SINGH Appellant
VERSUS
NEW INDIA ASSURANCE CO LTD Respondents

JUDGEMENT

- (1.) THE New India Assurance Company agreed to meet the liability under the Insurance cover. The amount regarding which it agreed to meet the liability is Rs. 93,000/ -. This was conveyed to the appellant on 18.8.1987. This offer was subject to the condition that the salvage and the registration certificate would be made available to the respondent -company. This was vis -a -vis truck No. JKQ 4015. This truck was insured for a sum of Rs. 1,80,000/ - As indicated above this truck met with an accident. This occurred on 31 -5 -86. The truck was financed by the Jammu and Kashmir Bank Ltd. Jammu. Some how or the other the complainant did not furnish the registration certificate and also the salvage of the vehicle to the respondent insurance company. It was in these circumstances the amount of Rs. 93.000/ -was not paid to him. He preferred a complaint before the Jammu and Kashmir State Consumer Commission. This was preferred in July, 1996. This claim stands rejected as belated. It is this order which is subject matter of challenge in this appeal.
(2.) THE appellant submits that as the vehicle in question was hypothecated with the Bank, therefore, he was all along of the view that the money, if any, is receivable by the Bank. According to him he informed the respondent -Bank about the loss, under the impression that the amount is receivable by the Bank.
(3.) THE matter was not persued by him. He submits that he had sent some communications to the respondent -Corporation to take possession of the salvage. One letter was said to have been sent on 26.9.1994. The other was said to have been issued after -wards. The copy of the same was also sent to the Manager of the Bank. It is by taking the aforementioned plea the delay which occurred in the matter is sought to be explained. It be seen that the insurance company never disputed its liability to pay the amount in question.;


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