NATIONAL INSURANCE COMPANY Vs. SHRAVAN SINGH

JUDGEMENT

(1.) This revision is directed against the order of the State Commission Rajasthan, Jaipur dated 08.07.2010 in Appeal No.819/2008 whereby the State Commission allowed the appeal preferred by the respondent complainant, set aside the order of the District Forum and awarded 75% of the insurance claim i.e. Rs.7,83,750/- with 9% interest thereon to the complainant on non standard basis.

(2.) Briefly put, the undisputed facts of this case are that complainant had insured his truck for IDV of Rs.10,45,000/- with the petitioner insurance company. The insurance was valid w.e.f. 09.11.2004 to 08.11.2005. According to the complainant, the insured truck was stolen on 22.08.2005. The police was informed but when the police refused to take any action, the complainant filed an application under section 156 Cr. P.C. before the Judicial Magistrate Laxmangarh and on the instructions of Judicial Magistrate, FIR regarding theft was registered on 24.08.2005 being FIR No.97 of 2005 P.S. Govindgarh. It is further the case of the complainant that his insurance claim was repudiated on the ground that claim was not permissible in view of violation of condition no.1 of the insurance contract which require the insured to give immediate information in writing regarding theft of loss caused to the vehicle.

(3.) The District Forum on consideration of the pleadings of the parties and evidence came to the conclusion that information of theft of truck was given to the respondent after a delay of one month, which amounted to violation of condition no.1 of the insurance policy and as such, repudiation was justified and dismissed the complaint.