BHAJAN LAL Vs. NATIONAL INSURANCE CO

JUDGEMENT

(1.) Heard the learned Counsel for the parties.1. The appellants are the complainants in this case. They were joint owners of a mini truck No. RJ 05-G 084. The said vehicle was insured with the respondent Insurance Company for the period from 30.3.1996 to 29.3.1997. On 26.6.1996 the said vehicle was damaged by floods. One Lekhraj who, according to the appellants is the son of Bhajanlal appellant, lodged a claim in respect of the damage/loss caused to the vehicle. Although Sh. Amar Singh Surveyor is stated to have been assessed the loss at Rs.1,595/- but the claim lodged by him was repudiated on the ground that Lekhraj had no insurable interest in the vehicle. The complaint filed by the present appellants was also dismissed mainly for that reason.

(2.) It is not in dispute in this case that the present appellants have the insurable interest in the vehicle which got damaged in the floods. We find that in the first instance the said Lekhraj had filed a complaint in this case but the same was withdrawn on the ground that the same had not been presented by a person having insurable interest in the goods. Thereafter the present appellants filed their complaint.

(3.) We discussed the matter with the learned Counsel for the parties. We were assured on behalf of the Insurance Company that if the present appellants filed their claim with the Insurance Company within a period of two months from today, the Insurance Company would dispose of their claim according to their rules, within next three months positively. We find the suggestion acceptable.