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2023 Supreme(Ker) 476

MOHAMMED NIAS C. P.
Nazia Hassan, D/o. Hassan – Appellant
Versus
Branch Manager, Oriental Insurance Co. Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Sri. K.S. Babu, Smt. Sanafar Arakkal, Smt. N. Sudha, Smt. C. Seena.
For the Respondent: Sri. P. Jacob Mathew, Sri. Mathews Jacob SR.

JUDGMENT :

The petitioner challenges Ext.P3 award of the Insurance Ombudsman, Kochi, dated 15.7.2004, which upheld the decision of the first respondent Insurance Company that rejected the claim preferred by the petitioner for the insured amount following the theft of the vehicle.

2. The petitioner purchased a Maruti Zen L.X. Car, availing finance from M/s.Kotak Mahindra. on 8.3.2001, which the first respondent insured. On 4.5.2001, the vehicle was stolen from the custody of the petitioner. On a complaint by the petitioner, a crime was registered. The police filed a report that the investigation did not reveal any information, and it can be re-opened in future if the police get any information. The petitioner approached the Insurance Company with a claim which was repudiated, stating that the temporary registration of the vehicle expired on 13.3.2001 and the theft occurred on 4.5.2001, after the expiry of the temporary registration. The insurance company contended that the insured had not taken any steps to register the vehicle permanently, and since at the time of the theft the vehicle had no registration, though the policy was valid at the time of the theft, the claim is not admissi

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