BAJAJ ALLIANZ GENERAL INS. CO. Vs. SHARWAN GOYAL

JUDGEMENT

(1.) Aggrieved by the order passed by the Consumer Disputes Forum-VI, in CC-1036/09 in the matter of Sh. Sharwan Goyal and another vs. Bajaj Allianz General Insurance Co. Ltd., directing the insurance company to pay a sum of Rs. 38,000/- alongwith interest @ 9% p.a from the date of claim to realization, the Bajaj Allianz General Insurance Company has filed this appeal before this Commission, for short appellant under Section 15 of the Consumer Protection Act 1986, (the Act) against Sharwan Goyal and another hereinafter referred to as respondents alleging that the orders passed by the District Forum are erroneous and praying for setting aside the said order.

(2.) Facts of the case necessary for the adjudication of the appeal are these.

(3.) Sh. Sharwan Goyal owner of Maruti 800 bearing no. HR 36 D 5391 had the vehicle insured from the appellant insurance company vide no. OG-09-1104-1801-00011348 valid for the period from 09.06.2008 to 08.06.2009. However the said vehicle was stolen on 04.08.2009 while it was in possession of the respondent no-2. Intimation in respect of the vehicle having been stolen was sent to the Police Authority. FIR was also lodged by the Mr. Rajesh Kumar, respondent no-2 who had purchased the vehicle. Till then however, the vehicle remained in the name of the original buyer. It was not transferred in the name of Sh. Rajesh Kumar.