JAI PAL SINGH Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This appeal arises out of the judgment dated 21.6.2005 passed by the learned District Forum, Sri Ganganagar whereby the complaint of the complainants was dismissed.

(2.) The facts in brief are that Jai Pal Singh, the appellant who is complainant No.1 in this case purchased a motor-cycle Hero Honda from Mr. Bhoj Raj who is complainant No.2 on 30.10.2003 for a sum of Rs.31,000. The vehicle was insured but the registration certificate and insurance policy were not transferred in the name of the transferee. While the registration certificate and the insurance policy were in the name of the original owner the motor-cycle in question was stolen away. The report about the theft was lodged at the Police Station but as the vehicle and accused could not be traced by the police, the final report was filed. As the vehicle was insured against theft also, a claim was filed but the same was not accepted by the Insurance Co. and, therefore, the original owner and the purchaser, they both filed this complaint for getting the assured amount. The non-applicants filed their reply wherein it was stated that at the time of theft the vehicle was in the name of Bhoj Raj and the insurance policy was also in the name of Bhoj Raj and, therefore, the purchaser Jai Pal Singh was not authorised to receive the claim.

(3.) We have heard both the sides and gone through the file.