UNITED INDIA INSURANCE COMPANY LIMITED Vs. ANOOP SINGH

JUDGEMENT

(1.) THIS appeal has been preferred against the order dated 29.4.2005 passed by District Consumer Forum, Gurgaon in complaint No. 909/2003 which relates to insurable benefits in respect of insured tractor of the respondent -complainants which was stolen during the subsistence of the insurance policy.

(2.) UNDISPUTED facts of the present case are that the complainants got insured their tractor bearing Engine No. 43.1002/00K 1778, Chassis No. 00L 156003439 vide cover note dated 2.10.2001 with the appellant -opposite party for the period 2.10.2001 to 1.10.2002. Unfortunately, the tractor was stolen on the intervening night of 12/13.1.2002 from the house of complainants' sister at Village Karoli, Police Station Tapukara, District Alwar. F.I.R. No. 15 dated 13.1.2002 under Section 379, I.P.C. was registered with Police Station Tapukara. Untraced report No.9/2002 dated 31.3.2002 was submitted by the police. Complainants submitted claim with the opposite party upon which they were asked by the Insurance Company to produce the original Registration Certificate of the tractor. Complainants produced the original Registration Certificate of the tractor to the opposite party according to which the vehicle was passed by the Registering Authority on 16.12.2002, the vehicle was registered on 31.12.2002 and the Registration Certificate was issued on 7.1.2003. The opposite party rejected complainant's claim on the ground that as the vehicle was passed on 16.12.2002, registered on 31.12.2002, thus the complainants' version with respect to theft of tractor on 12/13.1.2002 was not believable. Challenging the action of the opposite party, the complainant invoked the jurisdiction of the District Consumer Forum by filing complaint. Opposite Party contested the complaint on the grounds stated above and prayed for dismissal of the complaint.

(3.) ON appraisal of the pleadings of the parties and evidence adduced on the record. District Consumer Forum accepted the complaint and issued direction to the opposite party to pay Rs. 2,50,000 to the complainant along with interest @ 9% per annum from the date when the claim was deemed as no claim, till payment and the complainants shall comply with the formalities including transfer of Registration of the tractor in favour of the Insurance Company.