LAWS(NCD)-2014-12-40

NEW INDIA ASSURANCE CO LTD Vs. NATHMAL SONI

Decided On December 05, 2014
NEW INDIA ASSURANCE CO LTD Appellant
V/S
Nathmal Soni Respondents

JUDGEMENT

(1.) The complainant/respondent Sh. Nathmal Soni, purchased a Maruti Alto LXI Car on 18.07.2011 and obtained an insurance policy in respect of the aforesaid vehicle from the petitioner company for the period from 18.07.2011 to 17.07.2012. The aforesaid car met with an accident on 18.09.2011, when it was being driven by one Mr. Ashok Kumar, cousin of the complainant. A claim in this regard was lodged by the complainant with the Insurance Company. The claim was repudiated on the ground that the vehicle had been sold by the complainant to Sh. Ashok Kumar on 16.09.2011. Being aggrieved from the repudiation of his claim, the complainant approached the concerned District Forum by way of a complaint. The complaint was dismissed by the District Forum on the ground that having sold the vehicle to Sh. Ashok Kumar on 16.09.2011, the complainant was left with no insurable interest of the vehicle on the date it met with an accident.

(2.) BEING aggrieved from the order of the District Forum, the complainant approached the concerned State Commission, by way of an appeal. The appeal was allowed by the State Commission vide its order dated 06.05.2014 and the following directions were given: -

(3.) BEING aggrieved from the order of the State Commission, the Insurance Company is before us, by way of this revision petition.