Date 05/10/2012

Per Mr.B.A.Shaikh, Hon`ble Presiding Judicial Member.

1.       This application is made by the original complainant seeking direction to the non applicant to pay visit to the Santracruz police station and to inspect the said  car and assess the depreciation  value thereof and to return the papers of that car to the complainant to get released the said vehicle for seeking its custody from concerned  policy authority.  This Commission gave direction to the opponent to depute its surveyor and to get inspected the said vehicle so as to assess its present value and to submit the report. The said direction has been complied with and said report is placed before this Commission. The surveyor assessed the market value of that car as on 26/07/2012 as Rs 2,25,000/-. The said report is not disputed by both the parties. It is also not disputed the said car was  stolen away during the period of validity of insurance policy and that  the said car was insured with the non applicant herein and non applicant repudiated the claim of the original complainant i.e. the appellant herein on the ground of breach of the policy condition.

2.       The Dist. Forum below in complaint bearing CC.No.29/2008 filed by the original complainant granted compensation of Rs 5,20,150/- towards the loss caused by the complainant due to theft of said car. The original opponent i.e. non applicant preferred appeal No. 999/2008 before this Commission challenging the said decision of the Dist. Forum.During the pendency of the said appeal this application is moved as stolen car has been seized by police.

3.       The non applicant herein has not claimed the seized car.  Admittedly it is belonging to the appellant herein. It is also not disputed  that the original papers of that car are  in the custody of the non applicant herein which were submitted to it along with the claim. Therefore, it is necessary for applicant  herein to have the said  papers for releasing the car. Hence we are  inclined to grant  this application.

O   R    D    E   R

1.                 The application is granted.

2.                 The non applicant shall deliver the original papers of the seized car bearing No. MH-15-BN-7955 to the applicant within the period of 15 days on receiving this order.

3.                 No order as to cost.

4.                 Copies of the order be furnished  to both the parties.