UNITED INDIA INSURANCE COMPANY LIMITED Vs. NARESH KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the order dated 23.10.2001 passed by the District Consumer Disputes Redressal Forum, Rewari whereby while accepting the complaint of the respondent -complainant, direction has been given to the appellant -opposite party to release Rs. 31,000/ - to the complainant along with interest @ 9% to be calculated after two months from the date of theft of the motorcycle i.e., from 1.9.1999 till realisation.

(2.) NARESH Kumar -complainant had insured his motorcycle bearing registration No. HR -36B -0379, with the appellant -Insurance Company for a sum of Rs. 37,000 for the period from 25.2.1999 to 24.2.2000 vide cover note No. DR/98 -912247 dated 25.2.1999. On 1.7.1999 the father of the complainant Mr. Daulat Ram while leaving the said motorcycle outside the Medical Store went to purchase the medicines. At that time some unidentified youth sped away with the motorcycle. FIR No. 211 dated 1.7.1999 under Section 380, IPC was also got recorded with the Police Station City Rewari. On the same day intimation with regard to the theft of the motorcycle was given to the appellant. All the requisite documents for putting the claim, were sent to the appellant but the claim was repudiated on 14.8.2003 on the ground that terms of the insurance policy have been violated by the complainant. Aggrieved by the action of the appellant, the complainant filed the present complaint seeking the recovery of the amount of Rs. 37,000/ - along with interest @ 18% from the date of theft till the payment of compensation besides a sum of Rs. 5,000 on account of mental pain and agony and Rs. 5,000 as cost of litigation.

(3.) THE appellant contested the claim of the complainant. It was pleaded by it that on receipt of the report from the complainant, a Surveyor was appointed who reported that the key of the motorcycle was left in the motorcycle itself by the father of complainant when he had gone to purchase the medicines from the medical store located opposite main bus stand, Rewari. It was further stated that the terms and conditions of the Insurance policy required the complainant to take all reasonable steps to safeguard the motorcycle from the loss and damage and as the said terms and conditions have been violated by the complainant, repudiation of the claim was rightly made. Accordingly, it was prayed that the complaint merited dismissal.