PRAHLAD & ANR. Vs. ORIENTAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) The case of the petitioners/complainants is as follows. The petitioners got their tractor insured from The Oriental Insurance Company, OP/Respondent which was valid from 29.8.2006 to 28.8.2007. When the driver was driving the tractor from village Harna to village Hindoli, suddenly 7-8 people came in a jeep and they forcibly took away the possession of the vehicle representing that since the instalments of the tractor were pending and they were taking such step on behalf of the creditor. The driver was directed to pay the pending instalments at Bundi and take back the tractor. The driver gave this information to the complainants on 28.8.2007 which was a holiday on account of Raksha Bandhan. On 29.8.2007, the complainants went to Bundi Branch of Bank of Baroda where it transpired that no one was sent by the Bank to take the tractor. The incident was, thereafter, reported to the police on 1.9.2007. The Insurance Company was informed of the incident on 22.10.2007.

(2.) The Insurance Company investigated the matter and it came to light that the event had actually occurred on 29.8.2007. The complainants insurance had expired on 28.8.2007. Consequently, the complainants gave false date of 27.8.2007 in order to make the claim before the Insurance Company. The Insurance Company declined their claim.

(3.) After the claim of the petitioner was repudiated, a complaint was lodged with the District Forum, Bundi. The District Forum allowed the complaint. It held that the claim of the complainants appears to be eligible for compensation. It merely directed that respondent Insurance Company to act in accordance with the rules and shall pass the claim of the complainants within three months.