NEW INDIA ASSURANCE COMPANY LTD. Vs. MOHD. YASSIN

JUDGEMENT

(1.) VIDE impugned Order dated 31.7.2007 passed by the District Forum, the appellant Company has been directed to pay Rs. 3,00,000 towards insurance amount of the vehicle against total loss by way of theft of the vehicle and Rs. 40,000 on account of compensation for wrongfully rejecting the claim and Rs. 3,000 as cost of the litigation.

(2.) FEELING aggrieved the appellant has preferred this appeal.

(3.) CASE of the respondent before District Forum in brief was that the respondent was the owner of Tata Half Body Truck (Tatto Thela) bearing No. HR -38 G 9809, which was insured by the appellant on 5.1.2004 for a sum of Rs. 3,00,000. On 12.4.2004 at about 10.00 p.m., the driver of the said truck came to the house of the respondent along with the truck and handed over the key and documents to the respondent and left for his house. On the next day, dated 13.4.2004 at about 7.00 a.m. the respondent found his truck missing. They tried to trace the truck but and on the same day lodged FIR with the police and informed the appellant. On 14.4.2004, the Surveyor of the appellant came to the house of the respondent and recorded the statement and collected the documents of the truck. The appellant did not honour the claim of the respondent on the ground that the respondent had no permit.