NATIONAL INSURANCE CO. LTD. Vs. ASHWANI KUMAR

JUDGEMENT

(1.) Ashwini Kumar, the complainant purchased a Bolero SLX from M/s Supreme Automobiles Mahindra & Mahindra Limited, Hisar on 10.06.2011. The said vehicle was stolen on 21.07.2011 when it was parked in front of his house. F.I.R. was lodged with the police on the next day on 22.07.2011. The surveyor appointed by the Opposite Party-National Insurance Company also investigated the matter. The National Insurance Company repudiated the claim vide letter dated 25.05.2012 on the ground that only temporary registration was issued to the petitioner in June 2011. The complainant filed a complaint before the District Forum. The District Forum allowed the claim.

(2.) Aggrieved by that order, the OP filed the First Appeal. The State Commission also dismissed the appeal. Consequently, both the fora have given the concurrent findings.

(3.) We have heard the counsel for the petitioner at length, at the time of admission of this case. He contended that the complainant has violated Section 39 of the Motor Vehicle Act. Consequently, the repudiation made by the petitioner, is valid.