BAJAJ ALLIANZ GENERAL ISURANCE CO.,LTD Vs. BEERA RAMA RAO

JUDGEMENT

(1.) The opposite party is the appellant. The appeal is filed challenging the order of the District Forum whereby the appellant was directed to pay an amount of Rs.36,463/- along with compensation of Rs.1,000/- and Rs.1,000/- towards costs.

(2.) The brief facts of the case as represented by the respondent are that the respondent purchased Hero Honda splendor motor cycle on 21st October,2004 for Rs. 36,463/- and got it temporarily registered on the same day. The vehicle was insured with the appellant. The respondent with an intention to purchase some sweets, parked on 9th January,2005 his motor cycle in front of a sweet stall at sriharipuram, Vishakhapatnam. The respondent came back to find his motor cycle being caused theft of and on his lodging complaint the Police, Malkapuram registered a case in crime number 7 of 2005. The respondent has intimated the matter of theft of the motor cycle to the appellant and lodged claim with the appellant. The respondent has got issued notice through his advocate for settlement of his claim to the appellant. T

(3.) The appellant has filed counter contending that the respondent was not vigilant and he had not take proper care of his motor cycle as he did not lock the motor cycle when he had been to the sweet shop. The temporary registration of the vehicle was not regularized which amounts to violation of section 43 of the motor vehicle act and the terms of the insurance policy. The respondent has purchased the vehicle on 21-10-2004 and the theft of the vehicle took place on 9-01-2005. Therefore, the respondent has violated the provisions of the statute whereby he is not entitled to any indemnification as the violation of the statute tantamount to violation of the policy conditions.