KAMALJIT KAUR Vs. UNITED INDIA INSURANCE CO. LTD

JUDGEMENT

(1.) Present revision petition has been filed by Petitioner/Complainant under Section 21 (b) of the Consumer Protection Act, 1986 (for short, 'Act') for setting aside order dated 13.2.2013, passed by Punjab State Consumer Disputes Redressal Commission, Chandigarh (short, "State Commission).

(2.) Along with it, an application seeking condonation of delay of 28 days has also been filed. For the reasons mentioned in the application, the same is allowed. Delay condoned.

(3.) Brief facts are that petitioner got insured her truck bearing registration No.HR-13GA-0164for Rs.2,00,000/- with respondent/O.P., vide insurance policy which was effective from 7.4.2006 to 6.4.2007. It is further stated that the vehicle was stolen on 27.2.2007. A claim was lodged with the respondent. The surveyor so appointed by the petitioner also came to the conclusion that the theft was committed in respect of the truck. However, the claim was repudiated by the respondent on the ground, that the theft took place on account of the negligence of the driver of the petitioner and the claim was not lodged immediately after the theft. According to the petitioner, Sukhwinder Singh, who was driver of the truck, took the same to Faridabad and parked it near his house after locking the cabin thereof. Next day, he did not find the truck at that place and informed her about the theft thereof. She as well as the driver tried their best to trace out the truck and made enquiries but no clue was found. Ultimately, her son Baljinder Singh reported the matter to the police and FIR No.48 under section 379 IPC was registered in PS-SGM Nagar, Faridabad on 6.3.2007. She along with her claim submitted the requisite documents. Her claim was repudiated on false ground. Therefore, petitioner is entitled to the insurance claim of Rs.2,00,000/- along with interest @ 12% p.a. with effect from 27.2.2007 and Rs.20,000/- as compensation for unnecessary harassment caused to her by the respondent.