ORIENTAL INSURANCE COMPANY LIMITED Vs. RAJ KUMAR BANSAL

JUDGEMENT

(1.) THIS appeal was filed with delay of 17 days. An application of condonation of delay was filed along with the appeal. Reasons have been given in this application which caused the delay in filing the appeal. This application is supported by an affidavit. For the reasons stated in the application, we are satisfied that delay is not intentional and is liable to be condoned. Accordingly the application for condonation of delay is allowed with all just exceptions an delay of 17 days in filing the appeal is condoned. Main Case: Raj Kumar Bansal, respondent had purchased one Motor Car known as Ford Ikon Diesel 1.8 EXL, Colour Panther Block bearing Chassis No. 4YA8455 Engine No. 4YA8455 from M/s. Harpreet Motors Private Limited, Shiva Ji Marg, Moti Nagar, New Delhi on 27.1.2005 for a total consideration of Rs. 5,55,271. The delivery of this vehicle was made to the respondent by the dealers on 27.1.2005 at about 6.25 p.m. It was insured by the appellants vide Cover Note No. CHC383489 after charging a premium of Rs. 22,387. The insurance policy was valid from 27.1.2005 to 26.1.2006. The vehicle was financed by HDFC Bank, Branch Patiala and the Invoice was issued by M/s. Harpreet Motors Private Limited on 28.1.2005. The appellants issued the cover note but the effective date was wrongly shown as 28.1.2005 to 27.1.2006. Temporary Registration No. 0127 was allotted to this car. After purchasing this car, the respondent left the New Delhi on 27.1.2005 itself. It was raining and he had crossed about 5 -7 kms. from Rajpura Town when this car met with an accident and it was badly damaged. It was got repaired from M/s. Saluja Motors Pvt. Ltd., Chandigarh and bill for an amount of Rs. 1,69,709 dated 18.2.2005 was issued by M/s. Saluja Motors Pvt. Ltd., Chandigarh. The claim was lodged with the appellants but they repudiated the claim. Hence respondent filed a complaint in the learned District Consumer Disputes Redressal Forum, Patiala (in short 'the District Forum').

(2.) THE appellants filed the written statement. It was admitted that the insurance policy in respect of a new Ford Ikon Car for the period from 28.1.2005 to 27.1.2006 was issued. It was denied for want of knowledge if Raj Kumar was the sole proprietor of the firm M/s. Bansal Metal Works. But it was pleaded that this car was purchased by M/s. Bansal Metal Works bearing Chasis No. 4YA8455 and Engine No. 4Y8455 from M/s. Harpreet Motors Pvt. Ltd., New Delhi. It was denied if the car was purchased on 27.1.2005 and it was pleaded that the car was purchased on 28.1.2005. It was admitted that premium to the tune of Rs. 22,387 was charged. It was admitted that temporary Registration Number of the Car was DL -4 -TC -0127 and Trade Certificate No. DL -1 TEMP -M -599 was assigned to the car on 28.1.2005. It was denied if the vehicle was damaged badly in the accident or if it was got repaired from M/s. Saluja Motors Pvt. Ltd. Surveyor was appointed by the appellants who has assessed the loss to the tune of Rs. 1,55,720.48. It was also pleaded that since the vehicle was not insured at the time when the accident took place, therefore, respondent was not entitled to any amount of indemnification.

(3.) THE learned District Forum considered the documents on the file and pleadings of the parties and vide impugned order dated 26.10.2006 accepted the complaint with cost of Rs. 1,000. The appellants were directed to pay to the respondent the claim amount as per the final survey report with compensation in the form of interest @ 9% per annum from two months after the submission of the report till payment.