ORIENTAL INSURANCE COMPANY LTD Vs. SIDDIQUE KOYA

JUDGEMENT

(1.) Appellants are the opposite parties/Insurance Company in CC.136/10 in the file of CDRF, Kasaragod. The appellants are under orders to pay a sum of Rs.90,000/- as compensation with respect to the loss/theft of the vehicle with interest at 9% from the date of complaint and also cost of Rs.3000/-.

(2.) It is the case of the complainant that the Santro Car owned by him was stolen on 13.11.2007 and the matter was intimated to the police. The police filed a final report as undetectable on 19.9.2008 and on 14.10.2008 the complainant submitted the claim form along with relevant documents. Claim was repudiated on the ground that there is delay in intimating the police and the opposite party. Complainant has claimed a sum of Rs.1,10,000/- the insured estimated value.

(3.) In the version filed it is contended that only on 21.11.2007 theft was intimated. The FIR was lodged only on 18.11.2007. The opposite party had sent a letter to the complainant to furnish the required documents to settle the claim. Thereafter on 18.2.2008 also a letter has been sent. The complainant did not turn up. Hence the claim was repudiated vide registered letter dated:5.6.2008. It is also contended that as per condition No.7 of the policy the period of limitation is only 12 months. Complainant has filed a complaint after 24 months.