UNNIKRISHNAN Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) DISSATISFIED by the order of dismissal of the complaint in CC No, 164/08 by the CDRF, Kozhikode, the appellant/complainant came up in this appeal.

(2.) THE complainant was the registered owner of Motor Cycle K11 -W -6206 and on 2,8.2006 he met with an accident. The vehicle was having valid Insurance Policy. The complainant sustained injuries and was hospitalized. The vehicle was locked and kept near the accident spot. When the complainant gpt discharged from the hospital, it came to the knowledge that vehicle was stolen and lost beyond recovery, The accident case was registered with City Traffic Station and later on 16.8.2006, the complainant registered crime No. 247/06 before the Medical College Police Station. The vehicle could not be recovered and received the final report from the Medical College Police Station as undetected. The claim form was filed before the opposite parties for the insurance amount which was repudiated. The reason stated by the opposite parties was that the theft occurred with the connivance of the complainant. A complaint was filed for compensation from the opposite parties on the ground that the vehicle was having valid insurance policy during the period and the policy covered the loss/theft.

(3.) THE opposite parties filed version stating that the allegation of theft was a false case. The delay in filing FIR was due to the deliberate connivance of the complainant. The violation of policy condition was the reason to repudiate the claim. The complainant did not file the alleged theft before the City Traffic Station and the crime was registered before the Medical Police Station after 40 days of the alleged accident. The delay in reporting the theft before the police and to the Insurance Company clearly shows that the complainant has come up with a case of theft without clean hands. The theft of the vehicle was fabricated one to claim insurance coverage. The opposite party was not liable to pay any compensation for a false case and the complaint deserved dismissal.