IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED 1012/11, OPPOSITE INDIAR GANDHI PUBLIC SCHOOL, KAITHAL HARYANA Vs. KRISHAN KUMAR & ANR. S/O. SARDAR SINGH R/O. WARD NO.12, LAXMI VIHAR, BARWALA HISAR HARYANA

JUDGEMENT

(1.) The complainant / respondent owned truck bearing Registration No. HR-39-A-9613 which he got insured with the petitioner company for the period from 02.02.2013 to 01.2.2014. The truck was stolen from in front of a shop in Auto Market Hisar where the driver had left it for repair on the next day. The theft took place in the night intervening 10th & 11th Oct., 2013. An FIR was lodged with the concerned police station and intimation to the insurer was given. The claim however, was repudiated vide letter dated 04.4.2014 which, to the extent it is relevant reads as under:

(2.) Being aggrieved from the repudiation of the claim, the complainant approached the concerned District Forum by way of a consumer complaint. The complaint was resisted by the petitioner primarily on the ground in which the claim had been repudiated.

(3.) The District Forum having allowed the complaint vide its order dated 01.9.2016 and having directed the insurer to pay a sum of Rs.4,78,414.93 to respondent No.2 Citicorp Finance (India) Ltd., which had financed the aforesaid vehicle and balance amount of Rs.5,21,586/- to the complainant, the petitioner approached the concerned State Commission by way of an appeal. The said appeal having been dismissed vide impugned order dated 01.9.2016, the petitioner is before this Commission by way of this revision petition.