GYARSI DEVI Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) This revision petition challenges the order dated 24th January 2011 of the Rajasthan State Consumer Disputes Redressal Commission, Circuit Bench, Jaipur (in short, the State Commission ) by which the State Commission set aside the order dated 22nd March 2007 of the District Consumer District Redressal Forum, Tonk (in short, the District Forum ). The District Forum had held the Insurance Company (respondent no.1 in this petition) guilty of deficiency in service in repudiating the insurance claim of Rang Lal, (deceased) owner of the tractor which was insured with the said respondent during the relevant period (11.02.2004 to 10.02.2005) and was stolen on 08.06.2004. Accordingly, the District Forum directed the insurance company to pay Rs.3.65 lakh along with interest @ 9% per annum from the date of filing of the complaint till payment as well as cost of Rs.5000/- all to be paid within a period of one month from the date of the order.

(2.) On consideration of the conditions of the insurance policy in relation to the facts of the case, the State Commission came to the conclusion that the insurance company was justified in repudiating the insurance claim and, accordingly, set aside the order of the District Forum. It is against this order that the legal representatives of the deceased complainant have come up in revision petition.

(3.) The basic facts relating to the case are not in dispute. The tractor of the deceased complainant was stolen during the period of validity of the insurance policy on 08.06.2004. However, the case was registered by the Police on 21.06.2004 and the complainant/insured informed the insurance company of the theft on 25.08.2004. According to the conditions of the insurance policy, the theft had to be intimated to the insurance company immediately . Clearly, in this case, there was an unconscionable delay of over two months on the part of the complainant/insured in intimating the delay to the insurance company.