NEW INDIA ASSURANCE CO. LTD. Vs. SANDEEP

JUDGEMENT

(1.) The present revision petition has been field against the order dated 30 th July, 2018 in appeal of the petitioner No.757/2018 challenging the order of the District Forum dated 12.4.2018 in CC/286/2017 of the respondent (hereinafter called "the complainant."?)

(2.) The admitted facts of the case are that the complainant is the registered owner of the subject vehicle HR-26 BH -2144 and owner of the valid insurance policy for the period 9 th December, 2015 to 1 st June, 2016.

(3.) His case is that he had handed over his car to a person, namely, Mr. Naveen who was dealing in the sale-purchaser of the old cars for the purpose of selling it. Naveen gave that vehicle to an unknown person for test drive who was interested in buying the subject car but that person ran away with the car and did not return it. An FIR No.22 dated 8.1.2016 was registered in police station Kharkhoda by Naveen. Car could not be traced and so the police closed the investigation. The complainant also filed a claim with the petitioner but his claim was repudiated on the ground that he had no insuranble interest in the subject vehicle since he had allegedly sold the said vehicle to Mr. Naveen who negligently had given the car to an unknown person.