M.HARINATH Vs. NEW INDIA ASSURANCE COMPANY LTD

JUDGEMENT

(1.) Dissatisfied with the order of the District Forum dated 24.1.2008 in C.C.No.142 of 2006, the complainant filed this appeal.

(2.) The brief facts as set out in the complaint are that the complainant in order to eke out his livelihood purchased three wheeler goods Carrier Ape Cargo D.600 Pick up Van bearing No. AP 26W 3984 by obtaining loan of Rs.70,000/- from money lenders. The said vehicle was insured with the opposite party by praying premium of Rs.3,225/- on 12.6.2004 for a sum of Rs.1,15,000/- and the period of insurance is from 12.6.2004 to 11.6.2006. The vehicle bearing No.AP 26W 3984 was missing from 4.6.2006 along with its driver Kota Ramanaiah. The complainant lodged complaint with the police Gudur Rural Police Station which was registered as FIR no.54 of 2005 for the offence u/s 406 IPC. The complainant also intimated the missing of the vehicle to the opposite party. It was found that the driver of the vehicle was murdered at Sangam Village on 29.5.2005. Whereabouts of the vehicle was not traced. The complainant submitted his claim for Rs.1,15,000/- along with all relevant documents. Despite submission of claim, the opposite party failed to settle the same. Hence, the complainant filed the complaint before the District Forum seeking direction to the opposite party to pay Rs.1,15,000/- together with damages of Rs.75,000/- and costs.

(3.) The opposite party resisted the case contending that the vehicle was purchased with the finance from Cholamandalam Investment Finance Limited and hypothecated with the same. The vehicle was insured on 12.6.2004 with the opposite party and the date of expire of insurance was 11.6.2005. The complainant is not the owner of the vehicle. The finance company is the owner of the vehicle. It is not correct that the complainant gave a complaint to Gudur P.S Rural that the insured vehicle AP 26W 3984 was missing from 4.6.2006 as also its driver, Kota Ramanaiah. As per the contents of the FIR dated 4.6.2005 the said truck auto was missing from 27.5.2005 so also its driver K.Ramanaiah. No document was filed that the complainant employed K.Ramanaiah as driver for the vehicle. No driving license particulars of the driver are produced. The contents of the FIR dated 29.5.2005 show that a male body was burnt on the northern road margin near Duvvuru canal. As per the death certificate issued by Panchayat Secretary, Tarunavaya Vilalge, Sangam Mandal dated 28.5.2005 shows that the name of the deceased is Kottu Venkata Rao @ Ramanaiah. The name of the driver is also doubtful.