RAJWATI DEVI Vs. UNITED INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THE complaint of the appellant, seeking indemnification of the loss of the vehicle, which met with an accident, against the insurance policy obtained from the respondent, was dismissed vide impugned order dated 27.4.2002, by the District Forum firstly, on the premise that the insurance policy is not in the name of the complainant and secondly that the disputed questions of facts and law regarding insurance of the vehicle required detailed examination and cannot be determined through summary proceedings.

(2.) THROUGH this appeal, the impugned order has been assailed firstly on the ground that District Forum overlooked the fact that vehicle in quesion was purchased from one Mr. Balram Singh and the insurance policy was in the name of its original purchaser and not in the name of the complainant and secondly, the insurance policy was not transferred in the name of the complainant and further there were no such disputed questions of law and facts which were so complicated that required detailed and expert proceedings.

(3.) WE agree with the Counsel for the appellant as the factum of the policy having not been transferred in the name of the appellant was glossed over by the District Forum and further any claim arising from an accident or otherwise can be decided by the District Forum which is headed by a President who has vast and wide judicial experience and is fully competent to decide such type of cases.