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R.C.JAIN, VINAY KUMAR
Kaushalendra Kumar Mishra – Appellant
Versus
The Oriental Insurance Co. Ltd. – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Ravindra Mishra, Advocate.
For the Respondent:Mr. Preetima Srivastava, Advocate.

ORDER

Vinay Kumar, Member—This revision petition pertains to an insurance claim of a motor cycle. It was repudiated by the respondent, Oriental Insurance Company Ltd. on the grounds that, at the time of the incident-

a) the vehicle was driven by the complainant without a valid license and,

b) the vehicle itself was not registered, as required by Section 39 of the Motor Vehicles Act.

2. The case of the complainant before the District Forum was that the delay in registration was due to the fact that he intended to get a specific number of his choice for registration. Secondly, at the time this vehicle was snatched away from him, it had been parked and was not being driven. Therefore, the license of the driver was not relevant because it was not a case of the vehicle being involved in any road accident.

3. On the other hand, the plea of the OP/Insurance Company was that the complainant had neither deposited the registration fees nor produced the vehicle for inspection by the Transport Department for the purposes of registration. Had the vehicle been registered, it would have been easy for the police to trace it out. It was further argued that the vehicle was insured subject to the con













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