The complainant Mrs. Pinki Devi has filed this complaint petition against o.p for realization of Rs. 1,50,239/- with interest    at the bank rate for sum assured along with compensation for financial  loss and mental, and physical harassment.

The brief facts of the case is that complainant  took a policy of her PIAGGIO bearing registration  No.- BR06-PA6067, Chasis No.- MBX0000ZFMC265490, Engine No.- R1B2926412,  from oriental insurance company Ltd. (o.p) vide insurance policy No.- 332100/31/2012/000049 valid since, 17:50 hours on          01-04-2011  to midnight of 31-03-2012. Further case is that the aforesaid vehicle was parked at the door of complainant at Mohalla- Ayodhya Prasad Lane, P.S –Town, District-Muzaffarpur,

Which was stolen away by unknown person/persons in the night of 20-04-2011/21-04-2011 for which the complainant lodged Town P.S. Case No.- 242/2011 u/s- 379 IPC. After investigation police submitted final form no.- 277/2012 dated 10-08-2012 before learned C.J.M. Muzaffarpur showing the case true but clueless and learned C.J.M Muzaffarpur was pleased to accept aforesaid final form vide order dated 07-09-2012. The further case is that the complainant submitted his claim in the office of o.p with all the relevant documents. O.p repudiated the claim of the complainant on the ground that the permit of the above vehicle was not valid on the date of theft . The further case is that the aforesaid vehicle was purchased on 01-04-2011 and same was lying at the door of the house of complainant.

The complainant has annexed the following  documents with the complaint petition photocopy of insurance cover note in respect of vehicle in question annexure-1-, photocopy of insurance  certificate cum policy schedule annexure-2,  Photocopy of registration in form-23 annexure-3-, photocopy of Tax Token Annexure- 4, Photocopy of FIR of Town P.S. Case No.:242/2011 annexure-5, Photocopy of  Final Form/ Report  No.- 277/2012 dated 10-08-2012 annexure-6, Photocopy of  order sheet dated 07-09-2012 annexure-7, photocopy of legal notice sent to o.p on behalf of complainant annexure-8, photocopy of  retail invoice annexure- 9, photocopy of Delivery receipt annexure-10, photocopy of  Motor  claim form-Annexure-11, photocopy of letter sent to Divisional Manager, Oriental Insurance Ltd. Muzaffarpur by  complainant dated      07-10-2012 annexure-12- photocopy of letter dated 05-12-2012 by Divisional Manager, Oriental Insurance Company Ltd., to the complainant annexure-13 , photocopy of letter  dated 29-01-2013 served to complainant  by senior Divisional Manager, Oriental Insurance Company Ltd. annexure-14.

O.P appeared on 11-09-2013 and filed his w.s. on              13-12-2013. The o.p. has admitted this fact in his w.s. that the vehicle no.- BR06-PA6067, was insured by o.p under the policy no.323100/21/2012/167  in the name of Pinki Devi subject to the terms of conditions, exception of limitation of the policy  which was valid since 01-04-2011 to 31-03-2012. It is also admitted fact that petitioner informed the o.p about the theft  of  her vehicle on 20-04-2011. It has also been mentioned in the w.s. that the o,p  repudiated the claim of the complainant Pinki Devi on the ground that the permit of the vehicle was not valid on the date of theft, so he issued a letter to Pinki Devi on         05-12—2012.

The main question for determination is as to whether the ground of repudiation of o.p is valid or not?

The learned lawyer for the complainant relied on the order of Hon’ble Supreme court of India in the case of National Insurance company Ltd. V/s.  Nitin Khandelwal 2008 (O) AIJEL-SC-41344. Insurance of the vehicle bearing registration  No.- BR06PA-6067 by the Insurance  co. (o.p) is an admitted fact and the same was valid since 01-04-2011 to midnight on 31-03-2012. The occurrence of theft took place on 20-04-2011 during insurance period. The insurance was, comprehensive policy. The claim has been repudiated by o.p company on the ground that the vehicle in question had no valid permit on the date of occurrence. There is no dispute on the point that the theft  was committed in the night of 20-04-2011 and the vehicle in question was parked on the door of complainant . The permit of the vehicle is for plying the vehicle on the prescribed root. The vehicle was not plying on the date and time of theft, so the claim cannot be repudiated on the above ground.

In the case of National Insurance company Ltd. Vs. Nitin khandelwal 2008 (0)AIGEL-SC 414344  Hon’ble Supreme Court of India has observed the following  in para-13 -“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 obtain 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. The Hon’ble S.C. has been further pleased to observed following in para-14.

14. “In the instant case, the State Commission allowed, the claim only on nonstandard basis which has been upheld by the National Commission. On consideration  of the totality of the fact  and circumstance in the case, the law seems to be  well settled that in case of theft of vehicle, nature of use of the vehicle cannot be look into and insurance company cannot repudiate the claim that basis.

So, according to the Hon’ble Supreme court observed in the above case, o.p company cannot repudiate the claim of the complainant on the nature of use of the vehicle and we are of opinion that the repudiation made by the o.p is not in accordance with law and there is deficiency in service by the o.p company.

Accordingly, the complaint petition is allowed with direction to the o.p to pay the complainant   a sum assured Rs. Rs. 1,50,239/- with 8% interest p.a from the date of filing of the complaint petition Rs. 30,000/-  as compensation for loss of mental, physical, harassment and litigation cost within  Two months from the date of order ., On failure to pay the above amount the o.p will be liable to pay sum assured and  compensation amount  @ 9 % p.a  from the date of filing  till realisation.