DILBAGH SINGH Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) The petitioner/complainant owned a tipper bearing registration no. CG04/JB 2878, which he had got insured with the respondent company for the period from 02.12.2008 to 01.12.2009. The case of the petitioner/complainant is that on 11.11.2009, the driver parked the vehicle in front of a locked the same and went inside the for taking his food. After taking dhaba dhaba food, he lied on a cot. At about 12.00 midnight, when he woke-up, the vehicle was found stolen. An FIR with the concerned police station was lodged on 13.11.2009. The claim lodged by the petitioner/complainant for reimbursement in terms of insurance policy taken by him, however, rejected by the insurer vide letter dated 26.04.2011, which to the extent it is relevant reads as under:-

(2.) Being aggrieved from the rejection of the claim, the petitioner approached the concerned District Forum by way of a consumer complaint. The complaint was resisted by the insurer primarily on the ground on which the claim had been rejected. The District Forum having partly allowed the complaint, the insurer approached the concerned State Commission by way of an appeal. Since petitioner/complainant was not satisfied with the quantum of the compensation awarded to him, he also filed an appeal before the State Commission challenging the order passed by the District Forum as far as the quantum of compensation is concerned.

(3.) Only question which arises for consideration in this case is as to whether the insured had failed to take all reasonable steps required to safeguard the vehicle from loss or damage. A perusal of the report of M/s. Royal Associates, Investigating & Detective Agency, submitted to the insured would show that he recorded the statement not only of the petitioner but also of the driver. Both of them told the investigator that the keys of the vehicle were lying inside the vehicle at the time of the theft. The report further shows that the driver having stopped the truck on the roadside in the night, had gone to sleep in nearby room, when the vehicle was stolen.