DEVINDER KUMAR Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) The subject matter of this revision petition emanate from the theft of a dumper-truck belonging to the revision petitioner/ Complainant. The vehicle was insured with the respondent/OP at the time of the loss.

(2.) The Insurance Company treated it as a case of 'no-claim' and closed the claim under the policy. Therefore, a consumer complaint was filed by the complainant/owner of the vehicle. District Consumer Disputes Redressal Forum, Rewari allowed the complaint holding that there was no negligence on the part of the driver. However, the State Commission allowed the appeal of the National Insurance Company and set aside the order of the District Forum, with the following observation

(3.) It is seen from the record of the case that theft took place on the night of 8.7.2006 and an FIR was lodged on the very next date i.e. 9.7.2006 with the local police by Manoj Kumar S/o Hari Chand Aheer, driver of the dumper-truck. In this FIR, while giving the details of the incident the driver has also informed that he had left the key in the dumper itself and that the cabin of the truck could not be locked, as the lock was out of order. The FIR also shows that on the night of the incident, the dumper was parked by the driver outside a hotel and the driver had gone to sleep on a cot placed near the fuel tank of the dumper-truck. The FIR also says that this dumper was parked behind another dumper belonging to the Complainant.