SINDHU SHAJI Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THE appellants are the complainants in CC. 25/08 in the file of CDRF, Pahanamthitta. The complaint stands dismissed.

(2.) IT is the case of the complainants that the Mini Lorry owned by the first complainant wife and drivenby the second complainant/husband was forcibly taken away by certain persons on 26.4.2007 at 6 a.m. while the vehicle was running after collecting sand through Kayamkulam - Punalur road. It is specifically stated that 3 persons in an Ambassdor Car got the Mini Lory forcibly stopped and pulled out the second complainant and took away the vehicle. Although the police registered a crime the vehicle could not be traced. The vehicle is insured with the opposite parties for a sum of Rs. 7.5 lakh. The claim was repudiated.

(3.) THE opposite parties have filed version contending that the opposite parties were intimated of the incident only on 1.1.2008 i.e., after 8 months. It is also pointed out that the police case has been registered only on 23.5.2007 i.e. after one month of the incident. On receipt of intimation, the opposite parties had arranged an investigation. The same also fortified that there is something suspicious in the matter. The letters written to the complainant to produce the documents of the vehicle were returned with the endorsement that addressee not known. As per the conditions of the policy, the incident should have been reported immediately to the opposite parties. The UN report filed has been sought to be reconsidered and the matter reinvestigated. The opposite party has "filed petition before the Home Minister of Kerala and the Director General of Police in this regard.