MAHABIR SINGH Vs. RELIANCE GENERAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This revision petition has been filed by the petitioner, Mahabir Singh, against the order dated 19. 10. 2012 of the State Consumer Disputes Redressal Commission, Haryana, (in short 'the State Commission') passed in First Appeal No. 1298 of 2010.

(2.) Brief facts of the case are that petitioner/complainant got his truck No. HR-46B-7028 insured with the opposite parties/respondents by paying premium of Rs. 31,516/-. The policy No. 1305062314011162 was valid from 14. 11. 2006 to 13. 11. 2007. On 05. 04. 2007, the aforesaid truck of the petitioner was stolen when the driver Sh. Jai Kishan was returning from Shahdara to Rohtak and when he reached Bhalswa Chowk, Jahangir Puri, he went to ease himself but did not find his truck when he returned after some time. On 06. 04. 2007, an FIR No. 247 of 2007, U/s 379 IPC was registered with P. S. JahangirPuri, North-West Distt. , Delhi on the basis of the complaint made by the driver Sh. Jai Kishan. The petitioner/complainant lodged a claim with the Insurance Company/Opposite parties. The claim was repudiated vide letter dated 13. 11. 2007 on the ground that the investigation of theft by an independent investigator appointed by the Insurance Company revealed that the ignition key of the vehicle was left inside the truck itself and the door of the truck was open, which facilitated the theft. This negligence falls under Condition No. 4of the terms and conditions of the policy, under which the complainant was under obligation to take all reasonable steps to safeguard his vehicle.

(3.) Aggrieved by therepudiation of his claim, the complainant filed a complaint No. 451 of 2008 before the District Consumer Disputes Redressal Forum, Rohtak, (in short the 'District Forum'). The opposite parties/respondents herein resisted the complaint and filed written statement reiterating the facts given in the repudiation letter. The District Forum vide its order dated 02. 06. 2010 allowed the complaint and passed the following order:-