National Insurance Company, the petitioner herein, was the opposite party before the District Forum. Respondent got his truck comprehensively insured from the petitioner for the period from 13.12.2001 to 12.12.2002. The said truck was sent with a driver to the coal mine on 17.4.2002. The cloa was loaded on the truck on 18.4.2002, but did not return till
-2- 17.5.2002. Respondent approached the local Police Station for lodging FIR but since no steps were taken by the police, the respondent approached the CJM, Dhanbad who directed the police for registering the FIR. After registering of the FIR, respondent lodged a claim with the insurance company along with all the relevant documents. The claim was repudiated on the ground that the loss was caused by committing breach of trust. Thus, being aggrieved respondent filed a complaint before the District Forum. District Forum after taking into consideration the pleadings as well as the evidence led before it, allowed the complaint and directed the petitioner to pay the estimated value of the vehicle to the tune of Rs.5 Lacs after deducting the depreciation value at 10% from the date of purchase of the vehicle. Petitioner being aggrieved filed an appeal before the State Commission which has been dismissed by the impugned order. Contention taken before the State Commission was that the vehicle was being plied in contravention of the terms of the policy and, therefore, the respondent would not be entitled to any compensation. -3- We need not detain ourselves any long in this case as the point in the issue is squarely concluded by a judgment of Supreme Court in “National Insurance Co. Ltd. vs. Nitin Khandelwal, (2008) II SCC 259” in which it has been held that in the case of theft or snatching of a vehicle, the breach of condition is not germane; that the insurance company is liable to indemnify the owner of the vehicle when the insurer has taken comprehensive policy for the loss caused to the insurer. Relevant observations of the Supreme Court in para 13 are 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. (Emphasis Supplied) -4- The State Commission has also taken the view to the same effect. In view of the binding precedent in Nitin Khandelwal’s case (supra), we have no option but to dismiss the revision petition. Dismissed. No costs.
......................JASHOK BHANPRESIDENT
......................S.K. NAIKMEMBER | | 
