NATIONAL INSURANCE CO LTD Vs. NEERAJ

JUDGEMENT

(1.) THE short facts of the case are that the complainant owned a Hero Honda motor cycle bearing No. DL -9SL -6526. He obtained an insurance policy effective from 27.5.2007 to 26.5.2008 for an insured value of Rs. 70,205 from the OP Insurance Company. When on 11.10.2007 the vehicle was parked in front of the houseNo. R -3A/87inUttamNagar, New Delhi, it was stolen away.

(2.) THE complainant lodged an FIR of the incident on 7.11.2007 at PS Uttam Nagar, West Delhi alleging the date of theft as 6.11.2007. In his Case Diary Statement under Section 161, Cr.P.C. (copy of which is Annexure A -4 on the appeal file) recorded by the Police, he narrated that on 7.11.2007, he had gone to his in -laws and had placed his motor cycle outside the house, he found it missing the next morning. He had given its information on Tel. No. 100.

(3.) HE thereafter on 19.11,2007 lodged a claim amounting to Rs. 70,205 with the OP Insurance Company mentioning therein date of theft as 6.11.2007.