UNITED INDIA INSURANCE CO. LTD. Vs. SURENDER KUMAR

JUDGEMENT

(1.) - This revision is directed against the order of the State Commission, Haryana dated 26.5.2015 whereby the State Commission dismissed the appeal preferred by the petitioner Insurance Company against the order of the District Forum.

(2.) Briefly stated, the facts relevant for the disposal of the revision petition are that respondent filed a consumer complaint in District Forum, Bhiwani alleging that he had purchased one Bolero Jeep bearing registration No. HR12-K-0440 and got the same registered in his name in the office of the Registering Authority (M.V) Charkhi Dadri. The said jeep was insured with the petitioner Insurance Company vide cover No. 901970 valid from 30.5.2011 to 29.5.2012. It is the case of the complainant that aforesaid Bolero jeep was stolen on 3.3.2012. The matter was reported to the police vide FIR No. 87 dated 4.3.2012 Police Station Goverdhan, District Mathura. The theft was also intimated to the petitioner Insurance Company. The police could not trace the vehicle. The respondent complainant, therefore, submitted the insurance claim, which was repudiated. Being aggrieved of tire repudiation of the claim, the respondent raised the consumer dispute.

(3.) The petitioner on being served with the notice filed a written statement alleging that respondent-complainant Surender Kumar is not a consumer. According to the opposite party, the complainant is not the insured. Actually, the subject vehicle was earlier owned by one Mukesh who had purchased the insurance policy: The complainant Surender Kumar who claims to have purchased the subject vehicle from the previous owner/insured thereof did not get the insurance policy transferred in his name. As the complainant did not have insurable interest in the subject vehicle, the Insurance Company was justified in repudiating the claim.