NEW INDIA ASSURANCE CO LTD Vs. DALIP KUMAR

JUDGEMENT

(1.) This revision petition has been filed against the order dated 26.2.2007 passed by the State Commission, U.T. Chandigarh in Appeal No. 844/2006 whereby the State Commission dismissed the appeal and affirmed the order passed by the District Forum. District Forum had allowed the complaint and directed the petitioner to pay Rs. 64,800 with interest @ 6% from the date of repudiation 6i the claim till realization apart from compensation of Rs. 10,000 and costs of Rs. 11,000.

(2.) Complainant/respondent purchased a second-hand Maruticar No.PB-08-V-1313 with Chassis No. 1216639 and Engine No. 1661013 from Oriental Bank of Employees Union, which was OP3 before the District Forum. He applied to the RTA, Chandigarh for transfer of the vehicle in his name. RTA asked the respondent to send a letter to National Crime Records Bureau, Delhi and District Transport Office, Jalandhar for confirming the genuineness of the NOC issued by OP3. Since the insurance of the car was expiring on 9.6.2004 and the car was not transferred in the name of the respondent, the respondent got the policy renewed in the name of the previous owner i.e. OP3. On the intervening night of 20/21.8.2004, the car was stolen at Ludhiana. FIR was lodged with the police and the car was recovered on 17.9.2004 in a bad condition. Respondent lodged claim with the petitioner Which sought the consent of the respondent to settle the claim at Rs. 64,800. Later on, the petitioner rejected the claim on the ground that there was no insurable interest. Being aggrieved, respondent filed complaint before the District Forum.

(3.) District Forum allowed the complaint, aggrieved against which the petitioner filed appeal before the State Commission, which has been dismissed by the impugned order. Insurance Company, being aggrieved by the order passed by the State Commission, has filed the present revision petition.