NCDRC

NCDRC

RP/4612/2009

CHOLAMANDALAM MS GENL. INSURANCE CO. LTD. - Complainant(s)

Versus

MAHENDER KUMAR AGARWAL - Opp.Party(s)

MR. S.M. TRIPATHI & DEEPA CHACKO

12 Jan 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 4612 OF 2009
(Against the Order dated 15/10/2009 in Appeal No. 243/2009 of the State Commission Delhi)
1. CHOLAMANDALAM MS GENL. INSURANCE CO. LTD.Plot No. 6, II Floor, Pusa Road, Karol BaghNew Delhi - 110005 ...........Petitioner(s)
Versus
1. MAHENDER KUMAR AGARWALRZ-632, Raj Nagar-I, Main Road, Palam ColonyDelhi - 110042 ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE B.N.P. SINGH ,PRESIDING MEMBERHON'BLE MR. S.K. NAIK ,MEMBER
For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 12 Jan 2010
ORDER

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Heard learned counsel for petitioner and respondent who appeared on his own motion. Factual backgrounds are that while insured vehicle of respondent was taken by his friend Sri Manjeet Singh, it was stolen by some unidentified person. A police case was registered and Police on conclusion of investigation, submitted ‘untraced report’. After claim was lodged with petitioner-Insurance Company by respondent, that was repudiated holding that respondent did not have insurable interest with the vehicle in question. In complaint that was filed by respondent before District Forum, contention reiterated by Insurance-Company repudiating claim of respondent was overruled by District Forum holding liability of Insurance Company for compensation. State Commission too, having affirmed finding of District Forum dismissed appeal. Contention raised before us on behalf of petitioner -company was that if statement of respondent recorded by -2- surveyor during investigation of claim was to be given due consideration purchased vehicle in question was in fact financed by Manjeet Singh in his name. Regard being had to concurrent finding of both fora below and admitted fact that vehicle was registered and insured in name of respondent, we find no fault with finding of State Commission and revision petition being bereft of merit, is resultantly dismissed, with no order as to costs.

Dismissed



......................JB.N.P. SINGHPRESIDING MEMBER
......................S.K. NAIKMEMBER