RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. AMIT

JUDGEMENT

(1.) FOR the reasons stated in the application, delay of 57 days in filing the appeal is condoned.

(2.) THE case set up by the complainant before the District Forum was that he had got financed a sum of Rs. 15,09,000 and had purchased the tipper body vehicle bearing registrationNo. HR -46 -H -7072. The said vehicle was got insured by the complainant from the opposite parties under the insurance policy No. 2013382343100016 for the period commencing from 27.11.2007 to 26.11.2008. It was further case of the complainant that his above said vehicle was stolen in the night of 26/27.2.2008 from Jind Road Bye Pass, Rohtak, which incident was reported with the Police under FIR No. 120 dated 27.2.2008. Intimation of the theft was given to the opposite parties and thereafter, claim was submitted along with the all necessary documents. The financier of the vehicle in question are pressing hard the complainant for the payment of instalments, therefore, he has made so many requests to the opposite parties, but all in vain.

(3.) THE plea of the opposite parties was that claim was rightly not paid to the complainant, because the vehicle in question was left unattended by its driver and cleaner, therefore, taking it a case of breach of condition No. 5 of the policy, there was no deficiency in service on the part of the opposite parties and complaint merited dismissal.