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State Consumer Disputes Redressal Commission

Jagjeetsingh Avtarsingh Gill vs United India Insurance Company Ltd on 9 June, 2014

                                    1                      FA/No/276/2014




     MAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL
     COMMISSION, MUMBAI CIRCUIT BENCH AT AURANGABAD.

                                    Date of filing : 20/05/2014
                                    Date of order : 09/06/2014

FIRST APPEAL No    : 276 of 2014
IN COMPLAINT CASE NO : 91 OF 2013
DISTRICT CONSUMER FORUM: Nanded.

Jagjeetsingh Avtarsingh Gill
R/o.Krushnur Tq.Biloli Dist. Nanded
At Post Kankaya compound Gurudwara,
Gate No.2, Nanded Dist. Nanded.     APPELLANT

     VERSUS

1.   Divisional Manager
     United India Insurance Company Ltd
     Divisional Office Guru complex,
     G.G road, Nanded.

2.   Gautam Manohar Lahane
     R/o.Jankalyan Apartment Flat No.1,
     Padavnagari opp Guru Govindsingh School,
     Nasik.                             RESPONDENTS

Coram      :   Mrs.Uma Bora, Hon'ble Presiding Member.

ORALORDER Per. Mrs.Uma Bora, Hon'ble Presiding Member.

1 Adv.Shri.R.S.Gangakhedkar appeared for the appellant. We heard him for the admission of the matter. It is seen from the record that appellant Shri. Jagjeetsingh Gill was possessing truck which was insured with the respondent No. 1. It is also seen from the record that on 22/01/2009 complainant sold to his truck to respondent No. 2 Shri. Gautam Lahane but policy was not transferred in the name of 2 FA/No/276/2014 respondent No. 2. On 30/03/2010 said truck was stolen from Nashik by unknown person. Accordingly, CR was also registered at Nashik thereafter complainant preferred claim with insurance company i.e. respondent. Respondent repudiated the claim on the ground that complainant has no insurable interest as vehicle was already sold to respondent No. 2. Therefore complainant approached to Dist. Consumer Forum. The Dist. Consumer Forum also dismissed the complaint on the same ground. Hence, this appeal.

2. In our view the repudiation of the insurance claim is legal and proper. Accordingly dismissal of complaint is also legal and proper, there is no substance in the appeal. Hence, appeal is dismissed summarily at the stage of admission.

Hon'ble Mrs.Uma Bora Presiding Member A.H.Patil Steno H.G.