RELIANCE GENERAL INSURANCE CO. LTD. 2DN & 3RD FLOOR, D Vs. ARUN KUMAR SINGH AND ANOTHER S/O SHYAM MURARI SINGH, R/O DURGA COLONY, FATEHGARH, DISTRICT

JUDGEMENT

(1.) This revision is directed against the order of the State Commission Uttar Pradesh dated 08.12.2015 in Appeal No. 2081/13 whereby the State Commission dismissed the appeal preferred by the petitioner opposite party against the order of the District Forum.

(2.) Undisputed facts relevant for the disposal of this revision petition are that respondent complainant being owner of vehicle no. UP76L 2478 purchased an insurance policy from the petitioner-opposite party for the sum insured Rs.5,41,000.00. The policy was valid w.e.f. 06.11.2009 to 05.11.2010. According to the complainant, the vehicle was stolen by some unknown person from Loco Road, Bholepur on 11.08.2010. The theft was reported to the police station Kotwali on the same day. Oral information of theft was given to the opposite party. The vehicle could not be traced. The complainant filed insurance claim which was repudiated on the ground that in violation of the terms and conditions of the insurance policy, the complainant had failed to give immediate intimation of theft in writing to the insurance company.

(3.) The petitioner opposite party on being served with the notice of the complaint filed written statement resisting the claim and justified repudiation of insurance claim. The District Forum on consideration of the pleadings and evidence allowed the complaint and directed the petitioner as under: