UNITED INDIA INSURANCE CO LTD Vs. T THOMAS

JUDGEMENT

(1.) The 1st complainant's vehicle bearing Regn. No. KL 5-A 7475, Ambassador Nova, diesel car which was purchased by availing hire purchase loan from the 2nd complainant was stolen when it was kept in the garage between 6 p. m. on 8.6.1995 and 6 a. m. on 9.6.1995. A police complaint was lodged. The police issued a non-traceable certificate. The opposite party, when claim as preferred, rejected the same on condition that the complainant had violated the 5th condition of the policy. The rejection of the claim amounts to deficiency in service. Hence, the complaint.

(2.) The opposite parties contended that there was an inexplicable delay in lodging the complaint. The owner of the vehicle never took any steps nor participated in the processing of the complaint. The owner had not even reported the loss of the vehicle to the police. The fitness certificate had expired by 3.5.1995. The vehicle was kept in a bad condition. The complainant is not entitled to any relief.

(3.) The lower Forum rejected the contentions of the opposite party and awarded the sum of Rs.1,00,000/- towards claim with interest @ 12% p. a. along with a sum of Rs.10,000/- as compensation towards mental agony and cost of Rs.1,000/-. Hence the present appeal.