SANDEEP GUPTA Vs. UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) This Revision Petition has been filed by the petitioner against the impugned order dated 30.03.2012, passed by the State Commission in First Appeal No. 1538/2007, United India Insurance Company Ltd. vs. Jit Singh & Anr., by which while allowing the appeal, order of the District Forum allowing complaint was set aside.

(2.) Brief facts of the case are that complainant-respondent no. 2 Jit Singh alongwith Prem Singh were owner of truck PB-32A-4797 and got it insured from opposite party-respondent no. 1 for a period of one year commencing from 09.11.2005 to 08.11.2006. Jit Singh and Prem Singh sold their truck to complainant-petitioner, Sandeep Gupta on 13.11.2005. On 13.04.2006, vehicle was stolen and report was lodged on the very day and intimation was also given to the opposite party and submitted claim papers, but claim was repudiated by opposite party. Alleging deficiency on the part of the opposite party, complainant filed complaint before the District Forum. Opposite party resisted complaint and submitted that as vehicle was sold by registered owner, Jit Singh to complainant, Sandeep Gupta on 13.11.2005, but insurance policy was not got transferred in his name and no intimation was given to the opposite party about the transfer of vehicle, therefore, complainant, Sandeep Gupta had no insurable interest and complainant Jit Singh was not owner of the truck, so claim was repudiated rightly, hence complaint may be dismissed.

(3.) Learned District Forum, after hearing both the parties allowed complaint and directed the opposite party to pay insurance claim alongwith interest and further awarded Rs. 3,000/- as costs. Appeal filed by the opposite party was allowed by the State Commission vide impugned order, against which this revision petition has been filed.