KULWANT SINGH Vs. UNITED INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) KULWANT Singh appellant had purchased Ambassador car bearing registered certificate No. PJL -6044 and the registration certificate was also transferred in his favour on 8.5.1997. It was insured with the respondents for the period from 7.9.1996 to 6.9.1997. This car had met with an accident on 15.5.1997 with Truck No. MH - 04 -P -0685 near Handiyaya Chowk, Barnala at about 9.00 p.m. and a case was registered in PS - Barnala at FIR No. 113 dated 15.5.1997. The respondents were informed of this accident on 16.5.1997 and necessary documents were submitted to them. The car had suffered damage to the tune of Rs. 60,000. The claim was lodged with the respondents. However, the respondents failed to respond on which the appellant sent a legal notice to the respondents. The respondents, however, repudiated the claim vide their letter datd 2.11.2001. Hence the appellant filed the complaint in the learned District Consumer Disputes Redressal Forum, Sangrur (in short "District Forum").

(2.) THE respondents filed the written statement. It was submitted that as per their record car No. PJL -6044 was owned by M/s. Central Tool Room, Focal Point, Ludhiana and it was insured with the respondents from 7.9.1996 to 6.9.1997 for an amount of Rs.40,000. The insurance policy was also issued in favour of the owner i.e., M/s. Central Tool Room, Focal Point, Ludhiana. The appellant had never informed the respondents if he had purchased this car from the original owners. After receiving the information from Kulwant Singh appellant, the respondents had appointed J.N. Singh, Surveyor and Loss Assessor for conducting the spot survey. He submitted his report on 20.5.1997 (Ex. R -3). The respondents also appointed R. Goyal and Company, Engineer Surveyor and Loss Assessor and Valuers to assess the loss who assessed the loss to the tune of Rs. 10,127 vide his report dated 8.9.2001. It was also pleaded that after receiving the legal notice from the appellant through their Counsel reply was sent to the Counsel of the appellant on 20.4.2001 through their Counsel Mr. Baljit Sharma, Advocate and the appellant was asked to submit the necessary documents for settlement of the claim. However, the necessary documents were neither submitted to the respondents nor to the surveyor by the appellant.

(3.) IT was further pleaded that the appellant had also filed a claim petition regarding the loss of the said car before the Motor Accident Claims Tribunal, Barnala. It was dismissed vide order dated 5.10.2000. It was further pleaded that the appellant is not entitled to any insurance amount and the dismissal of the claim petition was prayed.