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V.K.JAIN
Fazle Mubeen – Appellant
Versus
ICICI Lombard General Insurance Company Limited – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Pawan Kumar Ray, Advocate

ORDER (ORAL)

V.K. Jain, Presiding Member—The petitioner/complainant who owned a dumper bearing no. MP-43G-1719 had got the same insured with the respondent company for the period from 14.04.2009 to 13.04.2010. The said dumper while in possession of one Jitender Singh Rathore, was stolen in the night of 01.04.2010. A claim for reimbursement in terms of the insurance policy taken by him was lodged by the complainant/petitioner with the respondent company. The claim however, was rejected on the ground that the petitioner/complainant having sold the dumper to Jitender Singh Rathore before it got stolen, had no insurable interest in the vehicle. Being aggrieved, the petitioner/complainant approached the concerned District Forum by way of a consumer complaint.

2. The complaint was resisted by the insurer primarily on the same ground on which the claim had been rejected.

3. The District Forum vide its order dated 09.05.2011, dismissed the complaint. Being aggrieved, the petitioner/complainant approached the concerned State Commission by way of an appeal. Vide impugned order dated 31.10.2015, the State Commission dismissed the appeal filed by the petitioner/complainant. Being still dissatis












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