NATIONAL INSURANCE CO. LTD. Vs. KULWANT SINGH

JUDGEMENT

(1.) The complainant, owner of a Bolero vehicle bearing registration no. HR 22G 5477, got the said vehicle insured with the petitioner for the period from September 08th, 2011 to September 07th, 2012. The vehicle was stolen in the area of Gurunanakpura Mohalla, Fatehabad, in the night intervening 11/12.04.2012. A report with the concerned police station was lodged on the same day and was duly registered bearing FIR No. 162 of the Police Station City, Fatehabad. The Insurance Company was informed of the theft after five days. A claim was later lodged with the Insurance Company. The claim was repudiated by the Insurance Company solely on the ground that the theft had not been reported to the Insurance Company immediately after it had taken place and consequently, there was a breach of the terms and conditions of the Insurance policy. Being aggrieved from the repudiation of his claim, the complainant approached the District Consumer Disputes Redressal Forum, Fatehabad. Vide order dated 12.12.2013, the Commission dismissed the complaint, accepting the plea taken by the Insurance Company.

(2.) Being aggrieved from the order of the District Forum, the complainant approached the State Commission, Haryana by way of her appeal. Vide impugned order dated 29.04.2014, the State Commission allowed the appeal and directed the Insurance Company to pay the Insured Declared Value to the complainant alongwith interest at the rate of 9% per annum. Being aggrieved from the order of the State Commission, the Insurance Company is before us, by way of this revision petition.

(3.) The learned counsel for the petitioner submits that as per the terms and conditions of the Insurance policy, the insured was under an obligation to report the theft immediately to the Insurance Company and therefore it ought to have reported to them on 12.04.2012 itself. In support of his contention, the learned counsel relied upon the decision by the Hon'ble Supreme Court in Oriental Insurance Co. Ltd. vs. Parvesh Chander Chadha, Civil Appeal No. 6739 of 2010, decided on 17.08.2010 and the decision of this Commission in New India Assurance Co. Ltd. vs. Trilochan Jane, First Appeal No. 321 of 2005, decided on 09.12.2009.