UNITED INDIA INSURANCE CO LTD Vs. NARESH KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the order dated 23.10.2001 passed by the District Consumer Disputes Redressal Forum, Rewari whereby while accepting the complaint of the respondent -complainant, direction has been given to the appellant -opposite party to release Rs. 31,000/ - to the complainant along with interest @ 9% to be calculated after two months from the date of theft of the motorcycle i.e., from 1.9.1999 till realisation.

(2.) NARESH Kumar -complainant had insured his motorcycle bearing registration No. HR -36B -0379, with the appellant -Insurance Company for a sum of Rs. 37,000 for the period from 25.2.1999 to 24.2.2000 vide cover note No. DR/98 -912247 dated 25.2.1999. On 1.7.1999 the father of the complainant Mr. Daulat Ram while leaving the said motorcycle outside the Medical Store went to purchase the medicines. At that time some unidentified youth sped away with the motorcycle. FIR No. 211 dated 1.7.1999 under Section 380, IPC was also got recorded with the Police Station City Rewari. On the same day intimation with regard to the theft of the motorcycle was given to the appellant. All the requisite documents for putting the claim, were sent to the appellant but the claim was repudiated on 14.8.2003 on the ground that terms of the insurance policy have been violated by the complainant. Aggrieved by the action of the appellant, the complainant filed the present complaint seeking the recovery of the amount of Rs. 37,000/ - along with interest @ 18% from the date of theft till the payment of compensation besides a sum of Rs. 5,000 on account of mental pain and agony and Rs. 5,000 as cost of litigation.

(3.) THE District Forum on appraisal of the pleadings and evidence adduced on record accepted the complaint in order dated 23.10.2001 and issued directions noticed earlier. It is against this order, the present appeal has been filed by the appellant.