NEW INDIA ASSURANCE COMPANY LIMITED Vs. BRIJVEER SINGH

JUDGEMENT

(1.) THIS is Insurance Company's appeal against the order dated 27.8.2007 passed by the District Forum, Haridwar, allowing consumer complaint No.334 of 2006 and directing the Insurance Company to pay to the complainant sum of Rs.25,000 together with interest @ 6% p.a. pendente lite and future and Rs. 2,000 towards litigation expenses, within a month from the date of the order.

(2.) THE facts of the case, inbrief, are that the complainant Sh. Brijveer Singh had purchased a motorcycle from Sh. Sanjay, a resident of Delhi on 28.8.2004 for Rs. 25,000. On 30.8.2004, this motorcycle was stolen by some unknown person. The complainant lodged an FIR with the police. The motorcycle was insured with The New India Assurance Company Limited for the period from 21.11.2003 to 20.11.2004 against a risk of Rs. 25,002. However, the Insurance Company repudiated the claim on the ground that the vehicle was not transferred in the name of the complainant and, therefore, he is not entitled for the claim amount. This led the complainant to file a consumer, complaint before the District Forum, Haridwar, which allowed the same vide its order dated 27.8.2007 in the above terms. Aggrieved by the said order, the Insurance Company has filed this appeal.

(3.) WE have heard the learned Counsel for the parties and perused the material placed on record in the light of the legal aspect of the case. The genuineness of the theft of the motorcycle on 30.8.2004, is not in dispute.