NATIONAL INSURANCE CO LTD Vs. RAM DIYA

JUDGEMENT

(1.) THIS revision is directed against the order of the State Commission Haryana Panchkula dated 19.07.2013 in First Appeal No. 347 of 2013 whereby the State Commission dismissed the appeal of the petitioner insurance company against the order of the District Forum Hissar in complaint no. 201 of 2012.

(2.) THE instant consumer complaint has arisen because of repudiation of insurance claim filed by the respondent complainant in respect of theft of his Bolero vehicle which was insured for Rs. 6,52,900/ -. At the time of insurance, the vehicle was having temporary registration no. HR - JL (T) 2967. It is undisputed that on 09.08.2011 subject vehicle was stolen from the parking of N C Jindal Hospital, Model Town, Hisar. FIR in respect of theft was lodged at PS Civil Lines and the petitioner opposite party was informed. According to the opposite party, the claim of the complainant was rejected vide repudiation letter dated 14.08.2012 for the reason that the temporary registration of vehicle had lapsed and the complainant had failed to obtain the proper registration from the concerned registration authority, which amounted to violation of the provisions of Motor Vehicles Act, 1988 ( in short, the Act).

(3.) THE District Forum on appraisal of the pleadings of the parties and the evidence allowed the complaint and ordered thus: