ORIENTAL INSURANCE COMPANY LIMITED Vs. DHARAM PAL

JUDGEMENT

(1.) This order will dispose of Appeal No. 725 of 2000 titled "United India Insurance Co. Ltd. v. Ujjagar Singh" as also First Appeal No. 750 of 2006 titled "Oriental Insurance Co. & Anr. v. Dharam Pal" filed against the orders of the District Forum, Ludhiana and Patiala dated 17.5.2000 and 21.4.2006 respectively as the law point involved in both the cases is the same and the facts are also almost identical. For ready reference, facts are being taken from First Appeal No. 750 of 2006.

(2.) Dharam Pal alleged in the complaint that he had got his motorcycle bearing No. PB-11V-8059 insured with the appellant Insurance Co. for the period from 14.5.2003 to 13.5.2004 against cover note No. CHC-854411. Unfortunately, the motorcycle was stolen when the complainant had parked the same near Goal Chowk, Dana Mandi, Sangrur Road, Patiala in front of a Commission Agent's shop. FIR was lodged about the theft of the motorcycle with the police station. The police could not recover the insured vehicle and accordingly gave an untraced report. Claim was lodged with the Insurance Co. but the same was repudiated vide letter dated 7.12.2004 on the ground that on the date of the alleged theft the complainant was not the owner of the motorcycle and had sold it to one Baljit Singh on 21.7.2003 i.e. after the insurance policy had been taken. The complainant denied to have ever sold the motorcycle to said Baljit Singh nor it was transferred in his name. This led the complainant to file a complaint before the District Forum which allowed the complaint vide the impugned order dated 21.4.2006 by giving following directions:

(3.) Hence the present appeal by the Insurance Co.