ORIENTAL INSURANCE COMPANY LIMITED Vs. KANDHA NAYAK

JUDGEMENT

(1.) THIS appeal is of the year 1998 and by means of it, the appellant - Divisional Manager, Oriental Insurance Company Limited, represented through Regional Manager, Oriental Insurance Company Limited, Regional Office, Alok Bharati Towers, Saheed Nagar, Bhubaneswar assails the order of the District Forum, Ganjam at Berhampur dated 4.12.1998. By the impugned order, the District Forum has passed the following final order:

(2.) THE respondent to this appeal as complainant filed CD. Case No. 329 of 1997 alleging that he had purchased one Hero Honda motorcycle bearing registration No. OR -07B -6784 and insured the same with the opposite party - Insurance Company, Berhampur Branch under a policy which remained valid from 21.9.1996 to 20. 9.1997. On 15.2.1997 the complainant had parked the said motorcycle near his friend s house at Gadavari Street, Berhampur and locked it. After returning from his friend s house, he found that the said motorcycle was missing. He searched for the same at Berhampur, Ichhapuram, Palsa and Vizayanagaram, but could not trace it out. On 24. 3.1997, he lodged F.I.R. at Badabazar Police Station and the police registered case and after investigation submitted final report as "Case true under Section 379 of I.P.C. but no clue". He intimated the fact to the insurer on 24. 3.1997 and made insurance claim. The opposite party - Insurance Company repudiated his claim through letter dated 3. 9.1997 on invalid ground and neglected to pay the insurance claim under the policy. As such, the complainant alleging deficiency in service on the part of the opposite party - Insurance Company approached the District Forum with a prayer for direction to the opposite parties to pay him rupees 45,197, towards compensation, mental agony etc. including insurance claim.

(3.) THE opposite party appeared and filed affidavit. No separate version was filed by the opposite party - Insurance Company. His case before the District Forum, as it appears from the affidavit, is that the complainant had lodged F.I.R. on 24.3.1997 and reported to the opposite party on 27.3.1997 alleging theft of his insured motorcycle, though the same was found missing on 15.2.1997. According to condition No. l of the insurance policy obtained by him, in the event of theft, the insured was to give immediate notice to the police and also to the insurer in writing. As he violated this condition, the insurer had no other alternative than to repudiate his claim. The Insurance Company stated further that it was in no way negligent nor deficient in providing service and prayed for dismissal of the complaint.