Petitioner insurance company was the opposite party before the District Forum.

          Briefly stated, the facts are that the respondent/complainant had insured his vehicle from the petitioner for the period 9.6.2003 to 18.6.2004.  On 05.9.2003, the vehicle was entrusted to driver Kishan Singh who took the same, but did not return.  Later on, respondent came to know that the said Kishan Singh was murdered by some

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ante-social elements who had taken the vehicle.  An FIR was lodged.  The vehicle could not be traced.  Claim filed by the respondent was repudiated, aggrieved against which the respondent filed a complaint before the District Forum.

          District Forum dismissed the complaint, aggrieved against which respondent filed an appeal before the State Commission.  The State Commission allowed the appeal and directed the petitioner to settle the claim on ‘Non-Standard Basis’ upto 75% which came to be Rs.2,37,840/-.  For this, State Commission relied upon the instructions issued by the petitioner insurance company dated 03.12.2004 which provides as under:

        “b.     Where the breach, non-compliance, misrepresentation or lapse of any kind is material to the loss, settlement up to a maximum of 75% of the assessed claim may be considered.  The decision to deduct 25% or more will depend upon the nature of the lapse”.

          This apart, the point in issue is concluded by the judgement of Hon’ble Supreme Court in “2008 (11) SCC 256 National Insurance Co. Ltd. Vs. Nitin Khandelwal”.  In the said judgment, Hon’ble Supreme Court has held that in the case of ‘Theft’, Breach of Condition is not germane.  Para 13 of the said judgement reads as under:

“13.   In the case in hand, the vehicle has been snatched or stolen. In the case of theft of vehicle breach of condition is not germane. The appellant Insurance Company is liable to indemnify the owner of the vehicle when the insurer has obtained comprehensive policy for the loss caused to the insurer. The respondent submitted that even assuming that there was a breach of condition of the insurance policy, the appellant Insurance Company ought to have settled the claim on non-standard basis. The Insurance Company cannot repudiate the claim in toto in case of loss of vehicle due to theft.

          We find no force in this revision petition and dismiss the same with no order as to costs