RAMPRASAD Vs. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This revision is directed against the order of the State Commission dated 14.01.2013 whereby the State Commission set aside the order passed by the District Forum and dismissed the complaint filed by the petitioner.

(2.) Briefly stated, the facts giving rise to this revision petition are that the petitioner had obtained an insurance policy in respect of his tractor having chasis no. N.G.N.L.-1465 and chasis no. N.G.N.L-1465 for a period of one year commencing from 19.11.2010. The tractor is stated to have been stolen on the night intervening 22nd & 23rd September, 2011 while parked in front of the house of his elder son at village and P.O. Kathautiya P.S. Manendergarh District Koria, Madhya Pradesh. The petitioner claim to have reported the theft orally at PS Manendragarh on 23.09.2011 whereupon the complainant was asked to search for the tractor. The complainant then went till District Rewa in search of the tractor and thereafter written information was given at PS Gohparu, District Sahdol, Madhya Pradesh on 23.09.2011. Another written complaint was submitted at PS Jaitpur District Sahdol on 2409.2011. Thereafter on returning back to his village, complainant lodged FIR on 26.09.2011. The intimation of theft is claimed to have been given to the respondent opposite party by fax on 05.10.2011 and by a registered letter dated 07.10.2011. Claim of the petitioner was repudiated which led to the filing of the consumer complaint.

(3.) Respondent opposite party in its written statement claimed that the insurance claim was repudiated on the ground of breach of policy condition.