NEW INDIA ASSURANCE CO.LTD. Vs. MUSTAFA

JUDGEMENT

(1.) Vakalatnama is being filed on behalf of the respondent. Let it be kept on record.

(2.) The case of the complainant in short is that he got his T.V.S. Suski motor cycle insured with the appellant Insurance Company on 26.11.1991 with a validity period of one year i.e. till 25.11.1992. It is alleged that in the night of 26.11.1991, the motor cycle was stolen from the residence of the complainant for which an F.I.R. was ledged on 27.11.1991 and the appellant Insurance Company was informed regarding the theft of the vehicle. It is, however, stated that due to strike of non-gazetted employees, copy of final form including the order of Court could not be obtained earlier. Consequently, some delay has been made in informing the Insurance Company regarding the theft of the vehicle, in question. The stand of the Insurance Company, however, was that the complainant furnished delayed information regarding theft of the vehicle and on demand, the complainant failed to produce the key of the motor cycle to the appellant Insurance Company.

(3.) Admittedly, the vehicle was insured with the appellant and during the subsistence of the policy the theft was committed. However, the claim was repudiated on the ground firstly that the information regarding theft of motor cycle was given after lapse of four months and that the complainant did not produce the key of vehicle when asked for.