NEW INDIA ASSURANCE CO LTD Vs. DEEPAK GOYAL

JUDGEMENT

(1.) This is an appeal against the order dated 10.12.2003 passed by the District Forum, Udham Singh Nagar whereby the complaint of the complainant for recovery of insured amount of the vehicle amounting to Rs.1,00,000/- (Rupees one lac) along with interest @ 9% and cost of Rs.1,000/- was allowed.

(2.) The brief facts of the case are that the complainant was the owner of Maruti Van which he had got insured with the opposite party for a sum of Rs.1,00,000/- (Rupees one lac ). During the insurance period, he left his vehicle in the workshop of Mistri Mohd. Usman, where the fire took place and the total vehicle was burnt. The complainant lodged the claim with the Insurance Company who repudiated the claim. Therefore, the complaint was filed before the learned Forum.

(3.) The Insurance Company contested the petition and alleged that the complainant could not prove that he is the owner of the vehicle. It is alleged that the loss is not covered under the policy. Before the learned Forum, the insurance policy or its conditions were not produced. The report of the Surveyor was also not produced. The learned Forum found that the loss of the vehicle in the workshop of Mistri Mohd. Usman is also covered under the policy and, therefore, allowed the complaint. Against which order the present appeal has been filed.