SUHAS BHAGAWANT HALKARE Vs. NEW INDIA ASSURANCE CO LTD & ORS

JUDGEMENT

(1.) THIS appeal is by the complainant challenging the order dated 30.8.2006 passed by the DF, Belgaum in Complaint No. 105/2004 dismissing his complaint.

(2.) THE facts in this case are as follows:

(3.) THE complainant is the owner of a Tipper bearing No. MH -12 -UA -1524. The said vehicle was insured with the OP. During the period when the policy was in force when the vehicle was parked in front of the house of OP -3 on 27.12.2001 the same was stolen. In this regard the complainant has filed the complaint before Tilakwadi Police Station on 4.1.2002. The police on investigation filed the C report. The fact of theft of the vehicle was also intimated to the Insurance Company. Thereafter the complainant filed the claim petition before the Insurance Company claiming compensation of Rs. 6 lakh. But the Insurance Company repudiated the claim on the ground that as on the date of the theft of the vehicle the complainant is not the owner as he has sold the same in favour of OP -3.