ADITYA BIRLA INSURANCE BROKERS LIMITED Vs. RATHNAMMA

JUDGEMENT

(1.) Counsel for the parties present. None is present for Respondent No.1/complainant at this stage. Case called for the second time. Arguments heard.

(2.) There was a delay of 158 days in filing the case before the State Commission. One of the grounds of dismissal of the appeal was the delay. In the interest of justice, we condone the delay subject to payment of Rs.25,000/- as costs, which will be paid to Smt. Rathnamma through Bank Draft within a period of 45 days from today otherwise, it will carry interest @ 9% till it is paid to the complainant.

(3.) Mr. Suresh Nagaraj Shetty was the previous owner of the vehicle, in question. Unfortunately, the vehicle met with an accident on 23.09.2010. The estimate of damages of vehicle came to Rs.1,60,009/-Mrs. Rathnamma, the complainant in this case submitted the claim before the Bajaj Allianz General Insurance Company Ltd.- OP No. 1. However, OP No.1 repudiated the claim on the ground that her name did not appear and there was no insurable interest and privity of contract between the complainant and OP-1.