RELIANCE GENERAL INSURANCE CO. LTD. Vs. HARBHAJAN KHAIRA

JUDGEMENT

(1.) This revision petition is directed against the order of the State Commission, Punjab in First Appeal No. 588 of 2015 dated 14.7.2015 whereby the State Commission dismissed the appeal preferred by the petitioner Insurance Company.

(2.) Undisputed facts of this case are that respondent insured her Scorpio car bearing No. PB09-F-3365 with the petitioner Insurance Company. The insurance policy was effective from 22.1.2009 to 21.1.2010. The said vehicle was stolen from outside Shani Mandir, Near Gurudwara Darbar Sahib on 28.1.2009. The FIR regarding theft was lodged at P.S. Division E, Amritsar City on 28.1.2009 under Sec. 379, IPC. The car could not be traced and an untraced report under Sec. 173, Cr. P.C. was filed by the police. The insurance claim of the respondent was repudiated by the Insurance Company on the ground of violation of condition No. 1 of the insurance contract which requires the insured to give immediate notice in writing of theft to the Insurance Company. Being aggrieved of the repudiation of the insurance contract, the respondent filed a consumer complaint before the District Forum.

(3.) The District Forum on consideration of the pleadings and the evidence allowed the complaint and directed the petitioner as under: