DIN DAYAL Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) Shri Din Dayal, complainant/petitioner purchased truck bearing No. HR 69 B/1665 on 12.3.2007. The vehicle was insured with the respondent, National Insurance Company Limited for the period from 12.3.2007 to 11.3.2008. On 1.10.2007, when the truck was carrying building material between Sonepat and Yamuna Nagar, it was parked near Chintpurni Temple, Sector 14, Sonepat after the building material was unloaded. The driver returned to the spot on 3.10.2007 and found that his truck had been stolen. The FIR was lodged on 8.10.2007 under Section 379, IPC with Police Station, Civil Lines, Sonepat. The Insurance Company was informed and it deputed its Surveyor, Shri Laxman Dass Arora. During inspection, it transpired that the vehicle was stolen between 1.10.2007 and 3.10.2007. The registration certificate and route permit were issued to the complainant on 8.10.2007. Under these circumstances, the claim made by the complainant was repudiated. A complaint was filed before the District Forum. The District Forum allowed the complaint and directed the opposite party-respondent to make a payment of Rs. 11,87,500. It was to carry interest @ 9% per annum from the date of lodging of the complaint by the complainant with the respondent till its actual realization. The complainant was also awarded Rs. 5,000 as compensation and Rs. 2,000 as litigation charges.

(2.) Aggrieved by that order, the Insurance Company filed appeal before the State Commission which vide its order dated 17.7.2012 accepted the appeal and dismissed the complaint.

(3.) Learned Counsel for the petitioner submitted that the complainant received the registration certificate and route permit on 8.10.2007. Consequently, FIR had to be delayed for a period of 5 days. Learned Counsel for the petitioner submitted that since the petitioner got registration certificate and route permit after about 5 days, therefore, his action is liable to be condoned.