SHRIRAM GENERAL INSURANCE CO. LTD. Vs. MANGERAM

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioners against the order dated 17.05.2013 passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, 'the State Commission ') in Appeal No. 377 of 2013 - Shriram General Insurance Co. Ltd. Vs. Mange Ram by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) BRIEF facts of the case are that complainant/respondent 's motorcycle HR 16 G 8217 was insured by OP/petitioner for a period of one year from 29.12.2010 to 28.12.2011. Motorcycle was stolen on 30.01.2011. FIR was lodged, but FR was submitted which was accepted by the Court on 11.03.2011. Complainant intimated to OP immediately and later on submitted claim which was repudiated on the ground of delayed information by 42 days to the OP. Alleging deficiency on the part of OP, complainant filed complaint before District forum. OP resisted complaint and submitted that as FIR was lodged after 7 days and intimation of theft of motorcycle was given after 42 days, complainant violated Condition No. 1 of the insurance policy; hence, claim was rightly repudiated and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint and directed OP to pay Rs.29,963/ - and Rs.2,000/ - as litigation expenses. Appeal filed by the petitioner was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed.

(3.) LEARNED Counsel for the petitioner submitted that order passed by learned State Commission is not a speaking order; hence, revision petition be allowed and impugned order be set aside. On the other hand, learned Counsel for the respondent submitted that as District Forum has already discussed all the facts, order passed by learned State Commission is in accordance with law; hence, revision petition be dismissed.