NATIONAL INSURANCE COMPANY LIMITED Vs. SUKHJIT SINGH

JUDGEMENT

(1.) THE brief facts not disputed between the parties are that tractor bearing Registration No. HR 24E -5537 owned by the respondent -complainant was insured with the appellant -opposite party w.e.f. 18.9.2001 to 17.9.2003. On 1.9.2002 the above said tractor was handed over by the complainant to his servant Sohan Singh for doing some agriculture work in his fields. While returning to him, the tractor breaks down/stopped near a railway line and did not start. After leaving the tractor there, Sohan Singh went to call a mechanic to repair the tractor and when Sohan Singh returned, he found tractor missing from the place it was left.

(2.) ON 14.9.2002, Harcharan Singh, father of the complainant, got recorded F.I.R. No. 48 dated 14.9.2002 under Section 379, I.P.C. in Police Station, General Railway Police, Sirsa. During investigation, the tractor could not be located. The police submitted untraceable report on 22.3.2002. Intimation was given to the appellant -opposite party on 17.10.2002 upon which Shri R.N. Sharma, D.S.P. (Retired) was appointed who investigated the matter. The complainant submitted claim to the opposite party, however, the same was repudiated by the opposite party on the ground that there was delay on the part of the complainant in giving information with respect to the theft of the tractor due to which the truck could not be located and also that the claim submitted by the complainant was on false grounds.

(3.) CHALLENGING the repudiation of his claim, the complainant invoked the jurisdiction of the District Consumer Forum. Upon notice, the opposite party appeared and resisted the claim on the ground stated above.