LAWS(NCD)-2016-5-190

FUTURE GENERALI INS CO LTD Vs. ANSHITA CHAUDHARY

Decided On May 30, 2016
Future Generali Ins Co Ltd Appellant
V/S
Anshita Chaudhary Respondents

JUDGEMENT

(1.) The complainant who owned a Renault Duster vehicle bearing registration no. CH-01-AZ-0240 got the same insured with the petitioner company for the period from 25.09.2014 to 24.09.2015. In the night intervening 8th/9th January 2015, the aforesaid vehicle when parked outside the house of the complainant, was stolen. The matter was immediately reported to the police as well as to the petitioner company. A claim was then lodged with the petitioner company for a payment in terms of the insurance policy taken by the complainant. The claim was however, repudiated vide letter dated 01.06.2015 which, to the extent it is relevant, reads as under:

(2.) The complaint was resisted by the petitioner company primarily on the ground that the complainant was negligent, he having kept second key of the vehicle in the vehicle itself, thereby violating condition no. 4 of the insurance policy taken by him.

(3.) The District Forum vide its order dated 06.01.2016, allowed the complaint. Being aggrieved, the petitioner approached the concerned State Commission by way of an appeal. Vide impugned order dated 22.04.2016, the appeal filed by the petitioner company was dismissed. Being still dissatisfied, the petitioner is before us by way of this revision petition.