SUSHILA GAUTAM Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) THIS is a First Appeal filed by Mrs. Sushila Gautam (hereinafter referred as the claimant or complainant) against the order of the State Commission (Consumer Disputes Redressal Commission), Delhi by which her claim petition was dismissed with no order as to costs.

(2.) THE case of the claimant before the State Commission was that her husband had purchased a new truck in 1982 and it was registered with the Registration Authority and the registration number allotted to it was UPP-8645. Later on he transferred the truck to the claimant who got it re-registered in her name under registration No. DDL-2562. As the truck required heavy repairs, the claimant arranged a loan of Rs. 50,000.00 from a finance company on 3rd November 1986, the claimant got the truck insured for comprehensive risk with the respondent Insurance Company for the period from 3rd November, 1986 to 2nd November, 1987. On 12th December, 1986 the truck was stolen from Ghaziabad. On enquiry the complainant was told that one R.C. Misra had taken away the truck and one bearded person was driving it. She lodged a report about theft of the truck with the Police Station, Ghaziabad on the same day. She also reported the matter to R.T.D. Delhi and the respondent Insurance Company. In due course R.C. Misra was arrested by the Police and a charge sheet under Section 3791.P.C. was presented against him in the Court. The Police, however, could not recover the truck.

(3.) THE respondent company contested the claim petition. They took objection about the maintainability of the claim petition and further pleaded that they were informed by the husband of the claimant that she had got the said truck transferred in her name by fraud by producing false and forged documents before the Registration Authority. He therefore, requested the respondent Insurance Company not to say the claim to the claimant