NEW INDIA ASSURANCE COMPANY LIMITED Vs. TRILOCHAN JANE

JUDGEMENT

(1.) NEW India Assurance Company Limited-appellant herein, which was the Opposite Party before the Orissa State Consumer Disputes Redressal Commission, Cuttack (hereinafter referred to as 'the State Commission' for short), has filed this Appeal against the Order dated 03.06.2005 passed by the State Commission in C.D. Case No. 60 of 2001 whereby the State Commission has allowed the Complaint.

(2.) BRIEFLY stated, the facts of the case are:-

(3.) COUNSEL for the parties have been heard at length. Counsel for the appellant contends that in terms of the insurance policy, the respondent was required to inform the appellant about the theft of the vehicle immediately and, since, the respondent did not inform, he violated the terms of the Policy and deprived the appellant of its right to investigate the matter immediately after the theft. It was also contended that the appellant had also breached condition no. 5 of the Standard Motor Policy as he failed to take reasonable care to safeguard the vehicle by parking the same unattended from 06.04.2000 to 08.04.2000. Counsel for the respondent has supported the finding recorded by the State Commission. Condition no.1 of the Insurance Policy reads as under:-