LAWS(NCD)-2012-10-110

RAMESHBHAI THAKORBHAI PRAJAPATI Vs. ORIENTAL INSURANCE CO LTD

Decided On October 04, 2012
Rameshbhai Thakorbhai Prajapati Appellant
V/S
ORIENTAL INSURANCE CO LTD Respondents

JUDGEMENT

(1.) Rameshbhai Thakorbhai Prajapati, complainant No.1 is the brother-in-law of Shaileshbhai Ratilal Prajapati, complainant No.2. Complainant No.1 purchased the Qualis Jeep from Complainant No.2, on 31.05.2007. The Complainant No.2 had obtained insurance policy for the period from 14.04.2007 to 13.04.2008. This is an admitted fact that complainant No.1 did not inform the insurance company within fourteen days as per rules, from the date of purchase.

(2.) On 22.10.2007, at about 4.00AM, the said vehicle was stolen. The claim was submitted before the Insurance company which was repudiated on the ground that the insurance policy was not transferred in the name of complainant No.1.

(3.) The complaint was filed before the District Forum and the District Forum accepted the complaint. However, the State Commission vide its order accepted the appeal filed by the Insurance Company and dismissed the complaint.