Jharkhand

Bokaro

CC/18/55

Neeraj Kumar - Complainant(s)

Versus

The Manager, United India Insurance Co. Ltd. - Opp.Party(s)

Annu Mishra

07 Jan 2022

ORDER

1. Complainant has filed this case with prayer for direction to O.Ps. to pay insurance claim of Rs. 36,279/- with 12% interest P. A. and for payment of Rs. 20,000/- and Rs. 10,000/- as compensation and litigation cost respectively to the complainant.
2. Complainant’s case in brief is that complainant is owner of      Motorcycle bearing Registration No. JH10 AK-5857 which was insured with O.P. United India Insurance Co. Ltd. vide Policy No. 2107813116P109310888. Further case is that on 15.09.2017 said motorcycle was stolen away by some unknown thief from BGH campus for which Sector-4, P.S. Case No. 101/2017 was registered. Further case is that many times complainant informed O.P. to lodge his insurance claim for Rs. 36279/- but it was ignored in spite of repeated request, hence legal notice was served having no impact there after this case has been filed.
3. W.S. has been filed by the O.P. mentioning there in that on relevant date Vehicle concerned was not insured in the name of the complainant, rather it was insured in the name of Dinesh Bharti for the period from 15-10-2016 to 14-10-2017 and without transfer of the Insurance Policy vehicle was being used by the complainant. Further case of the O.P. is that the insurance policy has been transferred in the name of the complainant on 18-09-2017 three days after the theft, hence claim of the complainant was not maintainable.
4. Heard both the parties and perused the case record as well as papers submitted in support of the case. Complaint itself disclosing the fact that Vehicle was stolen away on 15-09-2017. Insurance Policy paper is disclosing the fact that it was issued on 18-09-2017 and its date of proposal and declaration was on 18-09-2017 and premium has also been deposited on 18-09-2017. Therefore it is apparent that after three days from occurrence of the theft of vehicle concerned complainant has taken steps for transfer of the insurance policy in his name on 18-09-2017 on which date vehicle concerned was not with him rather it was already stolen away on 15.09.2017. Therefore the policy paper has been obtained with fraudulent method by suppression of material facts. No doubt the insurance company is also negligent in issuance of policy without physical verification of the vehicle concerned, as it is apparent but the date of issue of policy is later date than the date of theft hence complainant is having no right to make claim of insured amount. Here the original owner in whose name policy was existing has not  made any claim.
5. In light of above discussion we are of the view that the claim of the complainant is not maintainable and complaint is not disclosing any cause of action of the claim against the O.P. Accordingly the case is dismissed with cost.