SHRIRAM GENERAL INSURANCE CO. LTD. Vs. PREM PRAKASH

JUDGEMENT

(1.) The present revision petition has been filed by the petitioner - Shriram General Insurance Co. Ltd. , against the order dated 07. 07. 2015 passed by the State Commission in First Appeal No. 71 of 2015.

(2.) Brief facts of the case are that the respondent / complainant purchased the vehicle from the previous owner on 1 04. 201 The vehicle was insured by the previous owner w. e. f. 24. 09. 2011 to 23. 09. 2012 for an IDV of Rs. 3,90,000/-. This was a private car package policy. The vehicle was stolen on 20. 05. 201 The complainant informed the insurance company on 2 05. 201 The insurance company appointed a surveyor. The Surveyor submitted its report on 15. 10. 2012 stating that the complainant informed the police only on 31. 05. 2012, i. e. , after 11 days of the theft. It was also observed by the Surveyor that the registration certificate was not transferred in the name of the complainant/respondent on the date of the theft of the vehicle. The claim was repudiated by the insurance company on 25. 10. 2012 on the ground that the complainant did not have any insurable interest as he had no privity of contract with the insurance company.

(3.) Aggrieved with the repudiation, the complainant filed consumer complaint No. 45/201 The complaint was resisted by the OP/ petitioner on the basis of the surveyor's report. The District Forum vide its order dated 21. 08. 2014 allowed the complaint as under:-