GOPAKUMAR Vs. ORIENTAL INSURANCE CO. LTD. AND ORS.

JUDGEMENT

(1.) This writ petition is filed by the petitioner challenging Ext.P7 order passed by the 1st respondent Insurance company dated 7.2.2005 repudiating the claim raised by the petitioner against theft of a vehicle bearing registration No.KL-01/T 6495, Ext.P8 order passed by the Assistant General Manager of the 1st respondent Insurance Company dated 30.5.2005 in the appeal submitted by the petitioner affirming Ext.P7 order, and Ext.P10 order passed by the Insurance Ombudsman in complaint No.10/KCH.G1/11-005-225/2005-06 affirming Exts.P7 and P8 orders respectively. Brief material facts for the disposal of the writ petition are as follows;

(2.) Petitioner purchased a Maruti Zen vehicle specified above on 20.2.2003 availing a vehicle loan. According to the petitioner, registration of vehicle was changed in favour of the petitioner immediately thereafter, and as on the date of purchase of vehicle, there was a valid insurance policy covered by the 1st respondent upto November, 2002 undertaking to indemnify all third party risk, theft and for any other unforeseen contingencies. The transfer of vehicle is evident from Ext.P1. The said vehicle was stolen from the house of petitioner on 22.5.2003 and crime No.84/2003 of Poozhiyoor Police Station was registered. However, the vehicle could not be traced out during the course of investigation and it remains undetected, and therefore, a report accordingly was submitted by the Investigating Officer before Court, evident from Ext.P2 dated 13.3.2004 in Crime No.84/2003.

(3.) Thereupon petitioner claimed an amount of Rs.2,44,900/-, on account of the policy existing against the vehicle. However, the policy was repudiated as per Ext.P7 order by the insurance company. The case projected by the petitioner is that, whatever documents sought for by the 1st respondent was handed over to the 1st respondent insurance company, however, the claim was repudiated without taking into account any of the aspects. On the appeal filed before the Appellate Authority of the insurance company, a non-speaking order is passed affirming Ext.P7 order. It was thereupon that, the claim was raised before the Insurance Ombudsman.