SUMAN Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the impugned order dated 09.10.2012 passed by the State Commission in FA No.873/2012, Oriental Insurance Co.Ltd. Vs. Smt.Suman by which, while allowing appeal, set aside the order of the District Forum and dismissed the complaint.

(2.) Brief facts of the case are that complainant/petitioner's truck HR/69A/2637 was insured by OP/respondent for a period of 1 year, from 21.12.2008 to 20.12.2009. During the substance of the insurance policy, vehicle was stolen in the intervening night of 11/12.06.2009. Complainant lodged FIR No.193, dated 15.06.2009 with the concerned Police Station and intimation was also given to OP. As OP repudiated the claim vide letter dated 15.07.2011, complainant alleging deficiency on the part of OP, filed complaint before the District Forum. OP resisted the claim and submitted that claim was rightly repudiated as FIR was lodged after 4 days and intimation to OP was given on 25.06.2009, i.e., after 14 days of alleged theft, and prayed for dismissal of complaint.

(3.) Learned District Forum after hearing both the parties allowed the complaint and directed OP to make payment of Rs.11,52,000/- along with interest @ 9% p.a. and Rs.2,000/- as compensation.