ORIENTAL INSURANCE COMPANY LTD Vs. SAT PAL

JUDGEMENT

(1.) THIS appeal is directed against the order dated 11.7.2006 passed by the District Consumer Disputes Redressal Forum, Yamuna Nagar at Jagadhri in complaint No. 1091 of 2005 which relates to the insurable benefit in respect of the insured motorcycle of the complainant.

(2.) IT is admitted case of the party that motorcycle bearing registration No. HR -02J -2467 was purchased by the respondent -complainant from its previous owner Karam Singh and got transferred the registration certificate in his name on 21.1.2004. Thereafter, he got insured his motorcycle from the appellant -opposite party on 12.8.2004 which was effected from 13.8.2004 to 12.8.2005. Unfortunately, the motorcycle in question was stolen on 11.7.2005, when it was parked in front of the house of the complainant. FIR was got registered in the concerned police station and initimation was given to the Insurance Company. However, the claim submitted by the complainant was repudiatedby the opposite party on the grounds that the Insurance Policy was obtained by the complainant in the name or previous owner Karam Singh.

(3.) THE grievance of the complainant is that after issuing of the insurance policy by the opposite party in the name of previous owner he had approached the opposite party to make necessary correction in the cover note, but the opposite party did not pay any heed. Thus, alleging it a case of deficiency in service and unfair trade practice, complainant invoked the jurisdiction of the District Forum.