MOHAN LAL Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This revision petition was dismissed for reasons to be recorded separately. The reasons are discussed below:

(2.) The petitioner was the complainant before the District Consumer Disputes Redressal Forum, Yamuna Nagar (in short, the District Forum ). He alleged that though his insured tractor was stolen in the night of 11 -05 -2005, the insurer (National Insurance Company respondent before us) repudiated the claim. Therefore, alleging deficiency in service on the part of the respondent, he requested payment of the insurance claim of Rs.3.85 lakh with interest prevailing in the market, and Rs.50,000/ - as compensation for harassment and Rs.5,500/ - towards litigation costs. The insurer (opposite party OP/ respondent) resisted the complaint pointing out that the underwriting office of the insurer received intimation about the theft on 04 -07 -2005 though the theft had allegedly taken place on 11 -05 -2005. The FIR regarding the theft of the tractor was also dated 15 -05 -2005, i.e., four days after the alleged theft. It was also contended by the OP that the complainant was not the owner of the tractor as there was no proof of his ownership.

(3.) After considering the pleadings, evidence and documents on record, the District Forum partly allowed the complaint directing the OP to pay Rs.3.85 lakh with interest @ 12% p.a. after three months from the date of the theft till payment and Rs.5,500/ - as litigation costs. The District Forum also directed that these orders be complied with within one month of the date of the order.