INDER JEET SINGH Vs. ICICI LOMBARD

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 1/9/2015 delivered by the J&K State Consumer Disputes Redressal Commission, Jammu in Complaint No.3165 of 2010, whereby the learned Commission dismissed the complaint of complainant for want of a valid and actionable policy on the date of accident to claim indemnity for the damaged excavator.

(2.) The facts as gathered from the appeal file are that the Hydraulic Excavator of appellant-Inderjeet Singh suffered accident at Jhajjar Kotli on 28/1/2009 when a rock fell on it as a result of which the excavator got damaged. At the time of accident the excavator was insured with National Insurance Company, i.e., respondent No.2 herein, and the policy cover was with effect from 30/3/2008 to 29/3/2009. Before that, the excavator was insured with ICICI Lombard with effect from 30/3/2007 to 29/3/2008. Claimant-Inderjeet Singh raised an indemnity claim with National Insurance Company. However, the National Insurance Company-respondent No.2 herein declined the claim on the ground that the engine and chassis numbers of the Hydraulic Excavator did not match with the numbers mentioned in the insurance policy. Feeling aggrieved, claimant-Inderjeet Singh filed a complaint before the J&K State Consumer Disputes Redressal Commission, Jammu. However, the learned Consumer Commission vide vide judgment/order dtd. 1/9/2015 dismissed the complaint of claimant-Inderjeet Singh for want of a valid and actionable policy on the date of accident to claim indemnity for the damaged excavator. Hence, the present appeal.

(3.) Heard learned counsel appearing for the parties, considered their rival contentions, perused the appeal file as well as the record so produced.