PRADEEP KUMAR TIWARI S/O RAM JATAN TIWARI, R/O HOUSE NO. C/41, BABJI NAGAR, TIFRA TEHSIL AND DISTRICT BILASPUR C.G. Vs. ORIENTAL INSURANCE COMPANY LTD. & ANR. THROUGH MANAGER/COMPETENT OFFICER, DIVISIONAL OFFICE

JUDGEMENT

(1.) The petitioner/complainant purchased a Truck bearing registration No. C.G.10-C-2410 and got the same insured with respondent No.1 Oriental Insurance Company Limited for the period from 24.6.2009 to 23.06.2010. The vehicle was allegedly parked by the driver near Babji Nagar on 13.12.2009 and was allegedly stolen from there. The FIR with respect to the alleged theft of the vehicle was registered at Police Station, Civil Lines, Bilaspur on 04.01.2010. The intimation of the theft came to be given to the insurer only on 07.01.2010. The claim was rejected on the ground that the intimation of the theft was given to the insurer after 20 days of the theft. Being aggrieved, the petitioner / complainant approached the concerned District Forum by way of a consumer complaint.

(2.) The complaint came to be resisted by the insurer on the ground that the complainant had breached the terms of the insurance policy by not reporting the theft within 48 hours of the incident. It was also pointed out that there was delay on the part of the complainant even in lodging FIR with the concerned Police Station.

(3.) The District Forum having dismissed the complaint, the petitioner approached the concerned State Commission by way of an appeal. The said appeal also having been dismissed, he is before this Commission by way of this revision petition.