Per Mr P N Kashalkar, Hon’ble Presiding Judicial Member
None is present for appellant. Adv. Mr Somani for respondent is present.
1. We are finding that the appeal has been filed by the original complainant whose complaint was dismissed by District Consumer Forum, Washim, on 24.12.2007 in consumer complaint No. CC/07/101.
2. The complaint was primarily dismissed on the ground that the policy was purchased by Santosh Manekar, Washim for the vehicle bearing No.MH-27-A-5871. The policy period was from 19.06.2005 to 18.06.2006. When the policy was in force the vehicle was stolen away from the place, where it was parked. Hence, insurance claim was lodged. But it was repudiated by the Insurance Co. on 23.08.2007 on the ground that the intimation of incident was given to the Insurance Co. after 15 to 22 days, which was creating doubts and it was breach of policy conditions. The vehicle was also parked away from the house which proves that complainant had not taken care of safety of the vehicle, resultantly the theft was occurred. Therefore, there was breach of policy condition on the part of complainant. The vehicle was stolen during the period from 22.10.2005 to 24.10.2005 and the FIR was lodged in the Police Station, Washim on 29.10.2005 and intimation of theft had given to the Insurance Co. on 14.11.2005. It was not disputed that the vehicle was insured with Insurance Co. and it was stolen away.
3. The Forum below has dismissed the complaint only on the ground that the policy was in the name Mr Santosh whereas the complaint was filed by a person named as Satish. The Forum below has rightly dismissed the complaint. The complaint ought to have been filed by the person, who had purchased the policy in his name. In this case the complaint was filed by another person alleging deficiency on the part of Insurance Co. Of course, the question arises that how the Insurance Co. issued the policy of vehicle in the name of Mr Santosh when complainant Mr Satish was the registered owner of the said vehicle. It is also pertinent to note that the perusal of proposal Form which is on record, shows that it was submitted in the name of Satish and the policy which is on record, is issued in the name of Santosh. Therefore, We direct the respondent – Divisional Manager – National Insurance Co. to make enquiry as to whether the policy was issued in the name of same person who had submitted the proposal forum as stated above.
4. Registered owner of the vehicle is one person and its policy is in the name of another person. The insurance policy is in the name of Santosh when appellant Satish is appearing to be registered owner of the vehicle.
5. In the circumstances, we are finding that the order passed by the Forum below is just & proper and there is no substance in the appeal filed by Satish Manekar.
Hence, we pass the following order:-
ORDER
1. Appeal is dismissed.
2. No order as to cost.
3. Inform the parties accordingly.
Pronounced on 20.07.2011
