UNITED INDIA INSURANCE COMPANY LIMITED Vs. DINESH KUMAR

JUDGEMENT

(1.) VIDE impugned order dated 13.1.2005 the appellant -Insurance Company has been directed to pay Rs. 1,25,000/ - towards insurance amount of the vehicle against the claim of theft of the vehicle.

(2.) THROUGH this appeal the impugned order has been mainly assailed on the ground that the complaint filed by the respondent was time barred inasmuch as his claim was repudiated vide letter dated 11.4.2001 whereas the complaint was filed on 15.9.2003 i.e., beyond the prescribed period of two years. Apart from this the appellant has also taken the plea that the market value of the vehicle assessed by the Surveyor was not taken into consideration while assessing the loss.

(3.) AS regards the first objection we do not find any merit as the letter dated 11.4.2001 was not towards the rejection of the claim but was only an intimation that due to non -cooperation of the respondent and non -production of documents the claim cannot be considered.