UNITED INDIA INSURANCE CO LTD Vs. FAISAL METALS

JUDGEMENT

(1.) This revision is directed against the order of the State Commission Uttar Pradesh dated 05.01.2017 in Appeal No. 95/2015 whereby the State Commission dismissed the appeal preferred by the petitioner / insurance company against the order of the District Forum II, Moradabad.

(2.) Briefly stated facts relevant for the disposal of the revision petition are that respondent / complainant got his Mahindra Bolero vehicle insured with the petitioner / insurance company for IDV Rs.4,11,000/-. The insurance was valid w.e.f. 21.05.2013 till midnight of 20.05.2014. During the currency of insurance policy, subject vehicle was stolen while it was parked in front of the shop of the complainant, after it was brought from Body maker's workshop. The theft was reported to the police vide FIR No.64/2013 at Police Station Gal Sahid and the intimation of theft was also given in writing to the opposite party. Insurance claim of the respondent was repudiated.

(3.) The petitioner / opposite party in its written statement admitted issuance of the subject vehicle as also its theft during the subsistence of insurance cover. The opposite party, however, has justified repudiation of the insurance claim on the ground that on the date of theft, subject vehicle was unregistered as its temporary registration had already expired and that the user of the unregistered vehicle amounts to violation of section 39 of the Motor Vehicles Act as also the insurance contract.