The petitioner, Hanish Dhiman, had purchased a bike from Hind Motors and got it insured with the Oriental Insurance firm. In this case, the shop from where the two-wheeler was purchased did not deliver the certificate of sale to Dhiman though the vehicle was delivered. During a visit to Naina Devi temple, the vehicle met with an accident that led to death of Hanish Dhiman. After his death, the hypothecation of the vehicle could not be finalised as it was in process.

Meanwhile, the documents of the vehicle were given to one Pankaj, resident of Sector 55. So, the vehicle was also transferred in the name of Pankaj. The deceased’s brother asked for an insurance claim of Rs 1 lakh that was repudiated by the insurance firm on the ground that it was registered in the deceased’s name. The insurance firm stated that the petitioner could not establish that the vehicle was registered in the deceased’s name, and that he was driving it himself.