ATTAR SINGH Vs. RELIANCE GENERAL INSURANCE CO

JUDGEMENT

(1.) The moot question which falls for consideration is Whether in a theft case, the delay in lodging the First Information Report (F.I.R.) and delay in giving information to the Insurance Company is fatal? The facts leading to filing of this revision petition are as follows. Attar Singh and Raj Singh, R/o Village & P.O. Saidpur, District Sonepat, Haryana, purchased a tractor in the year 2007. They obtained insurance policy from Reliance General Insurance Co. Ltd, the opposite party covering the period from 17.05.2009 to 16.05.2010 for an assured sum of Rs.4,80,000/-. On 18.05.2009, the above said tractor was stolen from the area of Village Sothi, PS Kharkhoda, District Sonepat, Haryana. FIR was lodged on 15.06.2009 with the Police Station, i.e. after a delay of 27 days from the commission of the theft. The information was sent to the respondent, Insurance Company about the theft, with delay of 283 days. The claim made by the petitioner was repudiated.

(2.) The petitioner filed a complaint before the District Forum which allowed the complaint and directed the insurance company to make the payment of Rs.4,71,200/-, along with interest @ 9% p.a. from the date of theft of the tractor and to pay Rs.2,000/- each, as compensation and as litigation expenses.

(3.) Aggrieved by that order, the respondent preferred an appeal before the State Commission. The State Commission condoned the delay of 152 days in filing the appeal, accepted the appeal and dismissed the complaint.