NATIONAL INSURANCE CO LTD Vs. RAJESH GUPTA

JUDGEMENT

(1.) Respondent purchased one Tata Sumo from one Shri Vijay Veer Chabra on 23rd June, 1999 and obtained the insurance policy from the appellant against theft and other incidence for Rs.3,36,000 on 25th June, 1999. Insurance Cover Note was issued in the name of respondent on receipt of cheque issued by him and on the strength of insurance receipt and sale letter and other documents. However, the vehicle was still registered in the name of the original owner in the Regional Transport Authority where the formalities for issuing registration certificate in the name of respondent were pending that in the meantime the vehicle was stolen on 4th November, 1999. The claim of the respondent was repudiated solely on the ground that he was not the registered owner of the vehicle and as such insurable interests were not transferred in his name.

(2.) Feeling aggrieved the respondent approached the District Forum and obtained the impugned order dated 14.8.2002 whereby the appellant has been directed to pay a sum of Rs.2,30,000 along with interest @ 12% and Rs.1,000 as litigation expenses.

(3.) Feeling aggrieved the appellant has preferred this appeal.