AMIT KUMAR Vs. NEW INDIA ASSURANCE COMPANY

JUDGEMENT

(1.) Present revision petition has been filed by the petitioner challenging order dated 19.4.2007 passed by State Consumer Disputes Redressal Commission, Patna (for short as 'State Commission') vide which appeal against order dated 3.8.2001, passed by District Forum, Patna, was allowed.

(2.) Brief facts of this case are that petitioner complainant was owner of Jeep bearing registration No.WNF-8560 and got the same insured on 13.8.1992 with respondents opposite parties. On 14.7.1993, the Jeep was stolen and therefore on 21.7.1993, he filed a claim before the respondents. However, respondents did not make any payment of the claim till filing of the complaint. With respect to the theft, petitioner lodged an FIR with Bhabhua P.S. on 14.7.1993. Respondents asked the petitioner to furnish necessary documents. Accordingly, all the documents were given to the respondents but the claim was not disposed of. It is also stated that that police had submitted final report showing "occurrence true but no clue." Thereafter, petitioner filed a complaint before District Forum, Patna.

(3.) The insurance as alleged is not denied by the respondents. But they took the plea in written statement that petitioner did not observe prudence expected from a common man. As alleged by the petitioner, he handed over his Jeep to a so-called mechanic on the road moving with two ranches in his hand for removing the defect in the brake of the Jeep and who on the pretext of taking the Jeep to his workshop fled away with the Jeep. Thus, there was breach of terms and conditions of the insurance and therefore, the claim was rejected.