MANJIT KAUR Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) In this revision petition there is challenge to order dated 21.5.2012, passed by State Consumer Disputes Redressal Commission, Chandigarh (for short, 'State Commission').

(2.) Brief facts are that late Sh. Surjit Singh was the owner of Truck bearing registration No. PB-23-E-8796. Said Surjit Singh died on 19.5.2007 and complaint was filed by the present petitioner/ complainant being sole legal heir of said Surjit Singh. The vehicle was duly insured by the respondent for a sum of Rs. 7,99,470, which was valid from 13.10.2008 to 12.10.2009. The above said vehicle was stolen at Transport Nagar, Ludhiana near Samrala Chowk on 3.10.2009. FIR No. 185 dated 5.10.2009 was got lodged by Garib Singh, Driver at P.S. Ludhiana City. The said truck was not recovered by the police of P.S. Ludhiana. It is alleged that the FIR lodged by Driver Garib Singh wrongly disclosed that truck was purchased by Inderjit Singh s/o Bakhshish Singh r/o Manupur but in fact petitioner never sold the said truck to Inderjit Singh. Inderjit Singh was only managing and looking after the said truck. Petitioner informed the respondent regarding the loss of the said truck and submitted all the necessary documents in the month of October 20, 2009. However, respondent did not settle the claim and on 23.4.2010, respondent asked the petitioner to give the documents showing the legal heirs of the deceased. On 19.5.2010, petitioner submitted the affidavit but even after that respondent did not settle the claim. Petitioner issued a notice dated 1.6.2010 which was received by the respondent but no action was taken. Hence, this complaint.

(3.) Respondent, in their written statement have stated that they had insured the truck of Surjit Singh. After his death on 19.5.2007, legal heirs of Surjit Singh sold the same to Inderjit Singh (brother of the deceased), who failed to get the same transferred and as such has no insurable interest, as policy issued in the name of the deceased person has no value in the eyes of law who had died more than three years back. It is submitted that initially the policy of vehicle No. PB 23E-879 was taken for the period 13.10.2007 to 12.7.2008 in the name of Surjit Singh. The averments made in the FIR by Garib Singh was not denied by him regarding the fact that truck has been purchased by Inderjit Singh. Mr. N.K. Sehgal was appointed by the respondent for investigation of the case. After submission of the investigation report, the claim of the petitioner was repudiated on 11. 7.2010. Hence, the complaint should be dismissed.