ORIENTAL INSURANCE CO LTD Vs. VIJAY KUMAR AGARWAL

JUDGEMENT

(1.) -this is an appeal against the order dated 22.10.2001 passed by the District Forum, Hardwar whereby the complaint of the complainant for recovery of insured amount on theft of the vehicle was allowed.

(2.) The brief facts of the case are that the complainant had purchased a Tata Sumo from opposite party No.1 of the complaint on lease basis. It is he who got the vehicle registered with the RTO and got it comprehensively insured for a sum of Rs 3,72,000/- (Rupees three lacs seventy-two thousand ). It was assigned to the complainant on hire and regular monthly payment continued to be drawn by the opposite party No.1, M/s. Rockland Leasing Ltd. Opposite party No.2 is the Branch Manager of the said company while opposite party No.3 is the insurer. Advance post-dated cheques have been given to the opposite party No.1 as price of the vehicle. As soon as the total payment could have been completed, it was to be transferred in the name of the complainant. The vehicle was in the possession of the complainant as owner, in the use and benefit of the complainant. In the registration papers name of M/s. Rockland Leasing Ltd. is given. In the night of 1st September, 1997 the vehicle was stolen by the miscreants. FIR was lodged with the police station and the opposite parties were informed for taking necessary action. It is alleged that out of the total price the complainant had already paid by the date of the complaint Rs.2,05,402/- (Rupees two lacs five thousand four hundred two) to the opposite party No.1 and the remaining amount has been paid by post-dated cheques. The Insurance Company neglected to settle the claim. Therefore, the complaint was filed before the learned Forum.

(3.) The complainant filed an affidavit before the learned Forum to prove his allegations on 12.6.2001.