TATA AIG GENERAL INSURANCE CO LTD THROUGH ASSOCIATES VIC PRESIDENT TATA AIG GENERAL INSURANCE CO LTD Vs. RAJBALA W/O JAGPAL

JUDGEMENT

(1.) This revision petition has been filed by the petitioner Tata AIG General Insurance Co. Ltd. against the order dated 03.10.2017 of the State Consumer Disputes Redressal Commission, Haryana, (in short 'the State Commission') passed in First Appeal No.190 & 314 of 2017.

(2.) Brief facts of the case are that the respondent/complainant insured his tractor with the petitioner Insurance Company and the insurance was valid from 30.03.2013 to 29.3.2014. On 18.10.2013 the above said vehicle was stolen, during the night. The FIR was lodged on the next date and the Insurance Company was also informed by the Complainant. However, the claim was repudiated by the Insurance Company on 08.05.2014, in view of breach of condition No.5 of the policy read with condition No.8. The complainant filed a consumer complaint No.196 of 2014 before the District Consumer Disputes Redressal Forum, Bhiwani, (in short 'the District Forum'). The complaint was resisted by the Insurance Company by filing the written statement wherein it was stated that there was a breach of condition No.5 and condition No.8 of the policy. Hence, the claim was not payable. However, the District Forum vide its order dated 13.12.2016 allowed the complaint as under:-

(3.) Aggrieved by the order of the District Forum, the complainant as well as opposite party both preferred appeal Nos.190 & 314 of 2017 respectively before the State Commission. The State Commission vide its order dated 03.10.2017 dismissed both the appeals.