BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD. Vs. RAMPRASAD

JUDGEMENT

(1.) THIS appeal is directed against order dated 14.08.2012 of District Consumer Disputes Redressal Forum, Koriya, Baikunthpur (C.G.) (hereinafter called District Forum  for short) in Complaint Case No.34/2012, whereby the appellant/Insurance Company, has been directed to pay Rs.4,28,702 to the respondent No.1/complainant alongwith interest @ 9% p.a. from the date of claim till date of payment and also to pay Rs.2,000/ - as cost of litigation.

(2.) IN nutshell, the facts of the case are that tractor having engine No.N.G.N.L. -1465 and chassis No.N.G.N.L. -1465 was purchased by the complainant from the dealer/respondent No.2 and thereafter was got insured from the appellant/Insurance Company, for a period between 19.11.2010 to 18.11.2011. The said tractor was stolen by someone in the night intervening between 22.09.2011 to 23.09.2011. Police was intimated on 23.09.2011 and thereafter the Insurance Company was intimated by fax on 05.10.2011 and by registered post on 07.10.2011. Claim was preferred by the complainant before the Insurance Company, which was repudiated by the Insurance Company on the ground of delay in intimating it and informing late to the Police by the insured and also on the ground that said tractor was not registered with the concerning authority at the relevant time, which was violation of provisions of Motor Vehicles Act, 1988, which amounts violation of terms of the insurance policy. It has also been taken as defence by the Insurance Company that on account of late intimation it had been deprived from conducting investigation in respect of alleged theft.

(3.) LEARNED District forum, did not agree with the defence taken by the Insurance Company and allowed the complaint by the impugned order.