SHRIRAM GENERAL INSURANCE CO. LTD. Vs. ANAND SINGH

JUDGEMENT

(1.) The petitioner/opposite party being aggrieved of the concurrent finding of Fora below directing him to pay to the respondent/complainant a sum of Rs.7,45,000/- being IDV of the insured tractor and trailer, alongwth 9% interest p.a. from the date of theft i.e. 9.1.2012 till realization of the payment, has preferred this revision petition.

(2.) Briefly stated, facts relevant for the disposal of the revision petition are that the complainant got insured his tractor as also the trolley with the petitioner/opposite party for IDV Rs.5,45,000/- for the tractor and Rs.2 Lakh for the trolley. The insurance policy was effective w.e.f. 22.8.2011 till 21.8.2012. The tractor and the trolley were stolen by some unknown person on 9.1.2012. FIR regarding the theft was registered with the police on 10.1.2012. The police could not trace the tractor and the trolley. The complainant thus submitted insurance claim with the opposite party. Insurance claim was repudiated on the ground that the respondent/complainant had violated condition No.1 of the insurance contract which required the complainant to give immediate notice in writing to the insurance company upon the occurrence of the incident i.e. the theft. It was pleaded by the opposite party that instead of giving immediate notice of theft the information of theft was given to the insurance company after a delay of 10 days on 19.1.2012.

(3.) Being aggrieved of repudiation of the claim respondent raised a consumer dispute by filing consumer complaint before the District Forum, Jhajjar. The complaint was resisted by the petitioner/opposite party.