ORIENTAL INSURANCE CO. LTD. Vs. K.K. VALSALAN

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 17.08.2013 passed by the Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram (in short, 'the State Commission') in Appeal No. 456 of 2012 Oriental Insurance Co. Ltd. Vs. K.K. Valsalan by which, appeal filed by the petitioner was dismissed and order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant/respondent's Lorry No. KL-07/AP-4543 was insured by OP/petitioner. During currency of insurance policy, vehicle was stolen on 18.3.2007. Claim filed by the complainant was repudiated by OP. Alleging deficiency on the part of OP, complainant filed complaint before District forum. OP resisted complaint and submitted that theft occurred due to negligence of the driver who left the key in the vehicle and left the vehicle unattended and thus violated Condition No. 5 of the policy and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint and directed OP to pay Rs.5,38,500/- and further pay Rs.1000/- as cost of litigation. Appeal filed by the petitioner was dismissed 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.