RUJDAR KHAN Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) The present First Appeal (FA) has been filed by the Appellant against Respondent as detailed above, under Sec. 19 of Consumer Protection Act 1986, against the order dtd. 26/9/2017 of the State Consumer Disputes Redressal Commission, Rajasthan, (hereinafter referred to as the 'State Commission'), in Consumer Complaint (CC) No. 89 of 2016 inter alia praying for quashing the impugned order dtd. 26/9/2017 of the State Commission.

(2.) While the Appellant was the Complainant (hereinafter referred to as Appellant/Complainant), the Respondent was Opposite Party (OP) (hereinafter referred to as Respondent/OP) in the said CC 89/2016 before the State Commission. Notice was issued to the Respondent on 26/10/2018. Parties filed Written Arguments/Synopsis on 5/12/2019 and 28/8/2020 respectively.

(3.) Brief facts of the case, as emerged from the FA, Order of the State Commission and other case records are that the Appellant/complainant purchased an insurance policy, for Rs.50,453.00, from the Respondent/OP for his vehicle No. RJ 40 GA 0481 on 12/6/2014. The vehicle was stolen on 12/1/2015. Driver intimated the P.S. Kasola, Distt. Rewari on 14/1/2015 and the Appellant/complainant also informed the Insurance Company regarding the theft of vehicle on 21/1/2015. On 3/7/2015, the court of Addl. Judicial Magistrate 1st Class: DSP City, Rewari, passed an order of untraceable vehicle. The Appellant/Complainant filed complaint before the State Commission on 22/7/2016. Vide Order dtd. 26/9/2017, the State Commission has dismissed the complaint of Appellant-Complainant seeking inter alia Rs.24.00 lakhs from Respondent-Opp. Party/Insurance Company towards claim for the stolen vehicle covered under the policy on the ground of lack of reasonable care on the part of the Petitioner against the insured vehicle.