LAWS(NCD)-2012-8-7

ORIENTAL INSURANCE COMPANY Vs. CHARAN DASS

Decided On August 01, 2012
ORIENTAL INSURANCE COMPANY Appellant
V/S
CHARAN DASS Respondents

JUDGEMENT

(1.) The factual matrix of this revision petition is this. The complainant/respondent, Charan Dass owned Bolero LX (LMV) Model 2009 bearing registration No. PB-65-H-8910. The complainant obtained insurance policy in respect of that car for the period from 3.4.2009 to 2.4.2010. The insured declared its value at Rs.5,17,750/-. During the night falling between 4/5-12-2009, the vehicle was stolen from his residence. FIR was lodged with the police on 5.12.2012.

(2.) The complainant made a claim before the petitioner-insurance company. However, necessary documents were filed on 3.9.2010. The insurance company repudiated the said claim vide letter dated 24.9.2010 on the ground that there was inordinate delay of about 10 months in giving intimation regarding the theft of vehicle.

(3.) The complaint filed by the complainant was accepted by the District Forum and the petitioner-insurance company was directed to pay a sum of Rs.5,17,750/-, being the insured value of the vehicle alongwith interest @18% p.a. from the date of filing the complaint, Rs.50,000/- as compensation towards physical harassment and mental agony and Rs.7,000/- as litigation cost. The State Commission dismissed the appeal.