Haryana

StateCommission

A/552/2015

NEW INDIA ASSURANCE CO. LTD. - Complainant(s)

Versus

SHREE BHAGWAN - Opp.Party(s)

VINOD GUPTA

22 Jul 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :        552 of 2015

Date of Institution:      29.06.2015

Date of Decision :       22.07.2015

 

The New India Assurance Company Limited, SCO No.36-37, Sector 17A, Chandigarh through its duly authorized officer.

 

                                      Appellant-Opposite Party

Versus

 

Shree Bhagwan s/o Sh. Ami Lal, r/o Village Akera, P.O. Akera, Tehsil and District Rewari.

                                      Respondent-Complainant

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                                                                                                                                         

Present:               Shri Vinod Gupta, Advocate for appellant.

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

The New India Assurance Company Limited (for short ‘the Insurance Company’)-Opposite Party, is in appeal against the order dated May 11^th, 2015 passed by District Consumer Disputes Redressal Forum (for short District Forum), Rewari, whereby, complaint filed by Shree Bhagwan-complainant was allowed by directing the Insurance Company to pay the insured declared value of the vehicle to the complainant alongwith interest at the rate of 9% per annum from the date of filing of complaint till its actual payment; Rs.5000/- on account of mental agony and harassment and Rs.5500/- litigation expenses.

2.      The insured tractor bearing registration No.HR36J-2470 of the complainant was stolen on October 09^th, 2011 at Bhiwadi from the house of complainant’s relative. F.I.R. No.347 under Sections 379 and 411 IPC was lodged on October 14^th, 2011. The complainant gave intimation to the Insurance Company.  The complainant filed claim with the Insurance Company but the same was repudiated on the ground of delay of six days in lodging of F.I.R and eleven days in giving intimation to the Insurance Company.

3.      Aggrieved of the repudiation of his claim, the complainant filed complaint under Section 12 of the Consumer Protection Act, 1986. 

4.      The Insurance Company contested the complaint by filing reply reiterating the fact stated in the repudiation letter.

5.      After evaluating the evidence of the parties, District Forum accepted the complaint and directed the Insurance Company as detailed in paragraph No.1 of this order.

6.      The question for consideration before this Commission is as to whether the Insurance Company was justified in repudiating complainant’s claim or not?

7.      In appeal before this Commission, the impugned order has been assailed on the grounds that F.I.R. was lodged with the Police after six days and information to the Insurance Company was given after eleven days and as such the complainant violated the terms and conditions of the Insurance Policy, so, he was not entitled for the benefits of insurance.

8.      This Commission does not concur with the submission of the learned counsel for the appellant. It is not disputed that the tractor was not stolen. Hon’ble Supreme Court in National Insurance Company Limited versus Nitin Khandelwal, IV (2008) CPJ 1 (SC), held that in the case of theft of vehicle breach of condition is not germane and the 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.

9.      In this view of the matter, the order passed by the District Forum requires no interference. Hence, the appeal is dismissed.

10.    The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the respondent-complainant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

 

Announced 22.07.2015

Diwan Singh Chauhan Member

B.M. Bedi Judicial Member

Nawab Singh President

CL