UNITED INDIA INSURANCE CO LTD Vs. NETRAM S/O LADU RAM

JUDGEMENT

(1.) THE appeal is directed against the order dated 25.11.2011 passed by the District Forum,Jaipur camp Jaipur by which in a case of theft of insured vehicle, the appellant Insurance Company has been directed to pay a sum of Rs. 3 lakhs to the respondent/complainant after deducting 10% depreciation with interest alongwith Rs. 2000/ - as expenses.

(2.) AS has come on record the vehicle was purchased in the year 1997 after taking loan from respondent no. 2 and 3. The vehicle was duly insured for the period from 23.7.98 to 22.7.99. However, the theft took place on 06.05.1999. Immediately an FIR has been lodged as also the appellant has been informed about the theft. It has further been alleged that as per reminders issued by the appellant all the necessary documents including letter of subrogation and letter of undertaking on non -judicial stamp has been submitted to the appellant. However, the claim was not accepted by the Insurance Company.

(3.) THE learned counsel for the appellant has submitted that since the original documents of the vehicle have not been submitted, the claim was repudiated by the Insurance Company way back in the year 2000 itself. However, the main objection as raised by the learned counsel for the appellant has been in regard to limitaion to the extent that complaint to the District Forum had been filed after more than seven years and should have been dismissed only on this ground.