ALLAHABAD BANK Vs. BAINI CHAND

JUDGEMENT

(1.) Learned counsel for the parties present. Arguments heard.

(2.) Shri Hira Chand, since deceased, is the father of Shri Baini Chand and Shri Jaswant Singh, the original complainants. Shri Hira Chand took loan from Allahabad Bank, opposite party No. 3. The truck was insured with Universal Sompo General Insurance Company Limited, opposite party 1 and its functionary, opposite party No. 2.

(3.) Allahabad Bank purchased the policy from opposite parties 1 and 2. Initially, the policy was obtained form 5.2.2010 to 4.2.2011. Thereafter, a fresh policy was renewed in the name of Shri Hira Chand and the same was effective from 5.2.2011 to 4.2.2012. Unfortunately, Shri Hira Chand passed away on 19.11.2010. The truck met with an accident on 27.07.2011 i.e. after his death. The claim was lodged with opposite parties 1 and 2 but the insurance company repudiated the same on the ground that the policy was purchased in the name of Shri Hira Chand after his death and consequently, his legal representatives/complainants were not entitled to any claim.