NATIONAL INSURANCE COMPANY LTD Vs. TARLOK SINGH

JUDGEMENT

(1.) This revision petition has been filed by the petitioner National Insurance Company Ltd. against the order dated 03.09.2015 of the State Consumer Disputes Redressal Commission, Haryana, (in short the State Commission ) passed in First Appeal No.117 of 2015.

(2.) Brief facts of the case are that the vehicle of the respondent bearing registration No.HR-56-2496 i.e. Truck LPT -2515 TL, Tata Model 2001 was stolen on 06.09.2008 during the currency of the policy, which was valid from 26.7.2008 to 25.7.2009. The FIR was lodged on 13.9.2008 and the Insurance Company was intimated on 17.9.2008. The Insurance Company appointed an investigator, who submitted his report on 14.5.2009. On the basis of this report pre-repudiation letter dated 03.6.2010 was sent to the respondent seeking information about delay in filing the FIR and in intimating to the Insurance Company. Mr. Tarlok Singh, the driver of the truck has given statement before the investigator that the ignition key was left inside the truck and the truck was left unattended. The issue of key was also mentioned in the pre-repudiation letter. The complainant did not reply to this pre-repudiation letter dated 03.06.2010 and filed a consumer complaint bearing No.224 of 2012 before the District Consumer Disputes Redressal Forum, Karnal (in short the District Forum ). The complaint was resisted by the opposite party by filing the written statement and raising the same grounds as were raised in the pre-repudiation letter dated 03.06.2010. The District Forum allowed the complaint vide its order dated 16.12.2014 as under:-

(3.) Aggrieved by the order of the District Forum, the Insurance Company preferred appeal before the State Commission. The State Commission dismissed the appeal vide its order dated 03.09.2015.