LAWS(NCD)-2017-3-29

UNITED INDIA INSURANCE COMPANY LTD. THROUGH DULY, CONSTITUTED ATTORNEY REGIONAL OFFICE NO. 1, 18, BARAKHAMBA ROAD, 8TH FLOOR, KANCHENJUNGA BUILDING NEW DELHI Vs. BHUNDU RAM & 3 ORS. S/O PEERU RAM, (SINCE DECEASED) NEW REP. BY, PHOOLPATI W/O BHUNDU RAM, R/O VILLAGE BHAPORA, DISTRICT

Decided On March 08, 2017
United India Insurance Company Ltd. Through Duly, Constituted Attorney Regional Office No. 1, 18, Barakhamba Road, 8Th Floor, Kanchenjunga Building New Delhi Appellant
V/S
Bhundu Ram And 3 Ors. S/O Peeru Ram, (Since Deceased) New Rep. By, Phoolpati W/O Bhundu Ram, R/O Village Bhapora, District Respondents

JUDGEMENT

(1.) This revision petition is directed against the order of the State Commission dated 9.2.2016 whereby the said Commission dismissed the appeal filed by the petitioner company against the order of the District Forum dated 19.11.2014.

(2.) The complainant owned a vehicle which he got insured with the petitioner company. The said vehicle was stolen in the night intervening 27th/28th Jan. 2009. The complainant lodged a complaint for reimbursement in terms of the insurance policy which he had taken a from the petitioner company. The claim was repudiated vide letter dated March 30, 2010, on the ground that the insured vehicle was being used on hire and reward, against the terms and conditions of the insurance policy. Being aggrieved the complainant approached the concerned District Forum by way of a consumer complaint.

(3.) The complaint was resisted by the insurance company on the several grounds, including that there was a delay of 8 days in lodging the FIR and a delay of 15 days in intimating the theft to the insurer. It was also alleged that the vehicle was being used on hire and reward at the time it was stolen.