NEW INDIA ASSURANCE CO. LTD. Vs. WAKIL ROY

JUDGEMENT

(1.) This revision petition is directed against the order of the Bihar State Consumer Disputes Redressal Commission, Patna dated 15.7.2016 in Appeal No. 288/2014 whereby the State Commission dismissed the appeal preferred by the opposite party/Insurance Company and affirmed the order of the District Forum passed against the opposite party/Insurance Company.

(2.) In brief, facts of the case are that the complainant had insured his Mahindra Pick Up Van with the petitioner/opposite party for a sum of Rs. 3,73,035. The insurance policy was valid for a period of one year from 10th July, 2010 to 9th July, 2011. The insured vehicle was unfortunately stolen from the house of respondent/complainant. The respondent lodged the FIR regarding theft. According to the complainant, on 7th March, 2011 i.e. three days after the accident, he visited the office of the petitioner/Insurance Company and orally intimated the Field Officer available there about the theft. The Field Officer however advised him to go back and file the insurance claim along with the order of the Court on Police Investigation Report. The police ultimately filed final report pertaining to the aforesaid theft case which was accepted by the C.J.M. The complainant thereafter filed the insurance claim on 29th October, 2011. The Insurance Company repudiated the insurance claim vide letter dated 17th October, 2012 on the sole ground of late intimation of theft in violation of terms and conditions of the insurance contract.

(3.) The District Forum on consideration of pleadings and evidence allowed the Consumer Complaint and directed the petitioner/opposite party to pay to the respondent/complainant a sum of Rs. 3,73,035 with 9% interest thereon besides Rs. 20,000 as compensation and Rs. 1,000 as litigation cost.