P. D. Shenoy, Member—The issue to be decided in this case falls within a narrow compass. If at the time of commencement of insurance, the insurance company chose to give only the policy schedule and around ten months later gave the details of the policy terms and conditions and that too after the accident has taken place, can these terms and conditions be construed as a valid contract? The simple answer to the question is: No.

Facts of the case in brief:

2. The complainant No. 1-M/s Torrent Securities Pvt. Ltd., gave brand new Trekker to one Suresh Ram under hire-purchase agreement. This was insured with the National Insurance Company on a valuation of Rs. 2,34,000 for a period from 17.2.1999 to 16.2.2000, covering the risk against theft and damage to the vehicle. On 15.9.1999 when the trekker was going towards Dharampur Village in Garwa Jungle it was stopped by extremists and set on fire. In addition they assaulted the driver and the occupants of the vehicle.

As the vehicle was used for election purpose, the President of Bishnugarh Block Congress Party lodged an FIR with Bishnugarh Police Station which was registered as PS case No. 62/99 under different sections of the IPC