RELIANCE GENERAL INSURANCE COMPANY LTD. Vs. SHARWAN CHHAJER

JUDGEMENT

(1.) The respondent / complainant owned a Chevrolet car Cruze car No. UP-16AC/1960, which he had got insured from the petitioner company for the period from 08.10.2010 to 07.10.2011. On 29.12.2010, the aforesaid car was entrusted by him to M/s. Regent Automobiles Private Ltd., opposite party No. 1 and 2 in the complaint, for servicing. The complainant was to take delivery of the vehicle after service on 03.1.2011. On 01.01.2011, the workshop informed the complainant that the said car had been stolen from his showroom and the matter had been reported to the police vide D.D. No.59-B dated 31.12.2010. The insurance company was also informed of the theft on the same date. When the complainant, who was out of station at that time, returned, an FIR was registered. The claim lodged by the complainant was repudiated by the insurer on the ground that the vehicle had been left unattended at the time it was stolen since ignition key was left in a drawer at the workshop, thereby committing breach of the terms and conditions of the policy.

(2.) The District Forum vide its order dated 14.10.2015 allowed the complainant against the insurer. Being aggrieved form the order passed by the District Forum, the insurer approached the concerned State Commission by way of an appeal. Vide impugned order dated 15.1.2016, the State Commission dismissed the appeal filed by the insurer. Being still dissatisfied, the insurance company is before us by way of this revision petition.

(3.) Condition No.'4' of the of the insurance policy taken by the complainant, which was the main ground of repudiation of the claim reads as under;