Bihar

Jehanabad

CC/54/2022

Hulash Yadav - Complainant(s)

Versus

Legal Manager, Go digit General Insurance Limited - Opp.Party(s)

Advt. Ramdhyan Prasad

15 May 2024

ORDER

   Both parties represented.

               Heard argument of both the parties in full. Complainant claim has been repudiated merely on the ground of gross negligence and miss statement of facts and nothing else. From perusal of exhibit A policy schedule it is crystal clear that the vehicle was insured by the OP for the period from 19.10.2020 to 18.10.2021 in between which the occurence of theft of the insured vehicle took place in the night between 17.07.2021 and 18.07.2021. Both the grounds gross negligence and mis representation of fact has been in firmed from the fact that complainant obtain duplicate keys approximately three to forur times from the authorised JCB show room not from any unauthorised.

               Through out the repudiation letter exhibit E no specific date has been mention to show that the duplicate keys where mericialy or with otherwise intention where obtain within the period of insurance as referred above as such the very fack and general alligation of negligence mis representation of facts do not stands any wise proved. It is not show that previous insurances were taken by the other insurance company rather through out the period from the date of purchase to the date of incident vehicle insurance was covered by the OP. and the theft of the vehicle stands well proved from the exhibits 3, 5 and 516. As such the repudiation of the claim is quite illegal incorrect in proper and based on me and services and presumption hence the present complaint is allowed and the OP is directed to pay the assured amount in the policy schedule within 90 days from the date of this order alongwith simple interest at the rate of 6% from the date of the filing of the complaint alongwith a sum of Rs.10000/- for the mental agony physical harrasment suffered by the complainant alongwith a sum of Rs.5000/- at cost of litigation.

                  Let a copy of this order be served free cost to the parties or learned advocates immediately.

            In case of non-compliance of this order complainant shall be as liberty to recover the amount payable to him through the procedure stablished under section 71 of the consumer protection Act, 2019.