LAW FOR ALL

whether petitioner could have laid a claim against respondent no. 1-the Insurance Co, as insurance on the date of the theft was not in the name of petitioner but respondent no.2.=“As we see the position that emerges on 7.10.2007 when the vehicle was stolen was that the insurance policy was in the name of respondent no. 2 and it was respondent no. 2 who could have laid a claim for the amount of insurance on account of theft of the vehicle. Respondent No. 1 did not have any insurable interest subsisting on 7.10.2007 and therefore, could not have made any claim from the Insurance Co. on account of theft of the tractor”. 9. Petitioner in its entire complaint has made no averment against respondent no. 1 that he has paid any amount to respondent no. 1 for the purpose of insurance of the vehicle or any insurance policy was issued in his name. Thus, admittedly there is no privity of contract between petitioner and respondent no. 1.