PRATHAMA BANK THROUGH ITS BRANCH HEAD, BAHERI BRAHAMANAM BRANCH, TEHSIL THAKURDWARA, DISTRICT MORADABAD UTTAR PRADESH Vs. MASOOM ALI & ANR. S/O GHASI KHAN R/O VILLAGE BAKARPUR ATAYAN, TEHSIL THAKURDWARA, DIST. MORADABAD UTTAR PRADESH

JUDGEMENT

(1.) The complainant purchased a tractor bearing Registration No.UP-21D-4571 in the year 1996 and got the same financed from the petitioner company. The aforesaid loan granted in respect of tractor bearing No.UP-21D-4571 was closed by the complainant in the year 1998 when he purchased a new tractor bearing Engine No.39/306/97P10680 and Chassis No.98CA034000233 make Swaraj 735. The second tractor was also got financed by the complainant from the petitioner. An insurance policy for the period from 13.02.1998 to 12.02.1999 was issued by respondent no.2-United India Insurance Co. Ltd. in respect of tractor bearing Engine No.39/306/97P10680 and Chassis No.98CA034000233 make Swaraj 735. The number of above referred insurance policy was 11632. The aforesaid policy was renewed by the insurance company for the period from 08.03.1999 to 03.03.2000 vide policy no.27127 and thereafter for the period from 16.03.2000 to 15.03.2001 vide policy no.38913. No vehicle number was recorded in the first policy bearing no.11632 for the 13.02.1998 to 12.02.1999. In policy no.27127 for the period from 08.03.1999 to 07.03.2000 Engine Number and Chassis Number were not recorded and its number was recorded as UP-21D-4571. The same was the position in policy no.38913.

(2.) The tractor bearing Engine No.39/306/97P10680 and Chassis No.98CA034000233, which was allotted registration no.UP-21-G-3227 met with an accident on 04.02.2001 and the surveyor inspected the aforesaid vehicle. In the surveyor report dated 23.02.2001 the chassis number and engine number of the accidental tractor were recorded as 98CA034000233 and 39/306/97P10680 respectively. The aforesaid numbers were recorded on physical verification of the accidently tractor make Swaraj 735. The claim for reimbursement of the expenses on repair of the aforesaid tractor bearing no.UP-21-G-3227 however was rejected by the insurance company on the ground that the said tractor had not been insured. Being aggrieved, the complainant approached the District Forum by way of a complaint impleading the petitioner company as well as the insurer as opposite parties in the complaint.

(3.) The complaint was resisted by the petitioner as well as by the insurance company. It was claimed by the insurance company that they had not insured vehicle no.UP-21-G-3227 and therefore were not liable to reimburse the expenditure on repair of the aforesaid vehicle. The petitioner company claimed that they had obtained an insurance policy in respect of accidental vehicle bearing registration no.UP-21-G-3227 giving Engine No.39/306/97P10680 and Chassis No.98CA034000233 of the said tractor in the first insurance policy though inadvertently the vehicle number was wrongly given as UP-21D-4571 at the time of renewal of the said policy.