National Insurance Co. Ltd. vs G.R.P. INVEST PVT. LTD.

THIS is an appeal by the National Insurance Co. Ltd. and is directed against order dated 18.7.2000.

THE case of the complainant in brief is that it is a financier through whom Sri Manoj Kr. Singh purchased a Tata Diesel vehicle uder Hire Purchase Agreement. THE said Manoj Kr. Singh took out one insurance policy from opposite Party No. 1 in respect of the vehicle in question. While the policy was current the vehicle was stolen. A police case was started under Section 37, IPC. However, the police submitted FRT on 12.11.1998. THE claim was lodged with the Insurance Company on 16.10.1998 but the claim was neither repudicated nor settled till date. It is not disputed that the complainant is the owner of the vehicle. The full payment of the vehicle has not been made by the hirer. The hirer took out one insurance policy for the vehicle in question. The said vehicle was stolen and a police case was started which ended in final report. The theft was covered under insurance. Since the claim was not settled, nor was it repudiated, there was certainly deficiency in service. The Forum noticed that there had been an assessment of the claim of the complainant. Since the assessed amount was not paid and held back by the Insurance Company so far, the Forum directed payment of interest on the assessed amount as well. We have considered the judgment in proper perspective and find that the Forum was perfectly justified in allowing the claim. No interference is needed. The appeal be dismissed on contest. Appeal dismissed.