PARAMJIT KAUR Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 29.5.2013 passed by the Punjab State Consumer Disputes Redressal Commission, Chandigarh (in short, the State Commission ) in Appeal No. 1835/2009 The Oriental Ins. Co. Ltd. Vs. Ms. Paramjit Kaur by which, while allowing appeal, order of District Forum allowing complaint was set aside.

(2.) Brief facts of the case are that complainant/petitioner was registered owner of Scorpio PB 11 AB 1518, which was insured by OP/respondent for a period of one year from 8.6.2007 to 7.6.2008. On 16.1.2008, Tarsem Singh, driver of the complainant was going from Delhi to Patiala and on the way, he parked the vehicle near Sukhdev Dhaba for taking meals. During this period, vehicle was stolen by some unknown person when driver went for call of nature. FIR was lodged on 16.1.2008, but car could not be traced. Insurance Company was also intimated about the theft of vehicle. Claim was lodged with insurance company, which was repudiated on flimsy grounds. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint, admitted insurance, but submitted that driver of the vehicle allowed unknown person to travel in the car and failed to take reasonable care and safeguard the vehicle from loss and due to negligence of the driver of the car, vehicle was stolen, which amounted to violation of terms and conditions of the policy. It was further submitted that driver himself handed over keys of the car to unknown person and prayed for dismissal of complaint. Learned District Forum after hearing both the parties partly allowed complaint and directed OP to pay 75% of the insured amount Rs. 5,00,000/- along with 8% p.a. interest and further granted cost of Rs.5,000/-. Appeal filed by the OP was allowed by learned State Commission vide impugned order against which, this revision petition has been filed.

(3.) Heard learned Counsel for the parties finally at admission stage and perused record.