RELIANCE GENERAL INSURANCE COMPANY LTD. 2ND AND 3RD FLOOR, D Vs. NITIN LAMBA S/O MR. BALBIR SINGH LAMBA, R/O HOUSE NO. 540, SECTOR

JUDGEMENT

(1.) The complainant/respondent owned a truck bearing Registration No. HR-39B/0553 which he got insured with the petitioner company for the period from 15.9.2010 to 14.9.2011. The said truck was allegedly stolen in the night of 30.10.2010 when parked near a dhaba where the driver, namely, Jitender Kumar had gone to take dinner. The police allegedly did not register the FIR immediately on being informed. The intimation to the insurer was given to 27.12.2010. The FIR was eventually registered on 21.12.2010 pursuant to a direction given by the concerned Judicial Magistrate under section 156 (3) of the Code or Civil Procedure. The claims lodged by the complainant/respondent, however, was rejected vide repudiation letter which to the extent it is relevant reads as under:-

(2.) Being aggrieved from the rejection of the claim, the complainant approached the concerned District Forum by way of a complaint.

(3.) The complaint was resisted by the Insurance Co. primarily on the grounds on which the claim had been repudiated. The District Forum vide its order dated 17.7.2013 dismissed the complaint. Being aggrieved the complainant approached the concerned State Commission by way of an appeal. Vide impugned order dated 17.12.2015, the State Commission set aside the dismissal of the complaint and directed the petitioner company to pay a sum of Rs. 12 lakhs to the complainant, along with interest @ 9% p.a. Being aggrieved, the insurer is before this Commission by way of this revision petition.