ORDER

Date of order:    06-11-2017

Upendra Jha, Member       

1.                       This appeal is preferred against the order dated 15-01-2016 passed by District Consumer Forum, Vaishali in Complaint Case No.147 of 2013 by which the appellant is directed to pay the respondent-complainant a sum of Rs. 4,56,000/-(Rupees four lacs and fifty six thousand only) within a month failing which 15% interest will be charged.   

2.                    Brief facts of this case is that the complainant purchased a Tractor with financial assistance of respondent No.-2 and 3 which was insured by the appellant for Rs4,56,000/-(Rupees four lacs and fifty six thousand only). This Tractor was stolen on 19-02-2012. F. I.R. was lodged. The O.P. - Insurance Company was informed on 29-02-2012. Claim was filed but it was not settled. The complainant filed a complaint before District Forum. The O.Ps. contested the case. The District Forum passed the impugned order against which this a appeal is preferred.

3.                          Respective written notes of arguments have been filed by the parties. Heard and perused the District Forum order.

4.                          District Forum has held deficiency in service on the part of the O.P.-appellant- Insurance Company for non-settlement of the claim has passed the impugned order.

5.                          Having considered the submissions of parties, material available on record as also the on perusal of the order passed by the District Forum, it appears that the Tractor of the complainant was insured by the appellant for Rs. 4,56,000/-(Rupees four lacs and fifty six thousand only) and during the  insurance period, it was stolen on 19-02-2012. F.I.R. was lodged under section 379 of IPC but the appellant submits that it was a case of under section 406 of the IPC and the police submitted final form in this section. The appellant has further submitted that the  occurrence of theft was informed to  the Insurance Company after three months 10 days which was to given within 48 hours. So, there is violation of terms and conditions of the Insurance policy. It is a similar case decided by the Hon’ble Apex Court in the case of National Insurance Company vs. Nitin Khandelwal in which the claim has been directed to be settled on the basis of “Non- standard basis” i.e. 75% of the Insurance amount. Hence the District Forum order is modified and the appellant- Insurance Company is directed to pay the respondent-complainant 75% of the Insurance amount of Rs.   4, 56,000/-(Rupees four lacs and fifty six thousand only) i.e. Rs.3, 42,000/- (Rupees three lacs and forty two thousand only) within two months from the date of receipt of this order, failing which 10% p.a. interest instead of 15% awarded by the District Forum is allowed.

6.               The appeal is partly allowed.

S.K.Sinha                                                                        Upendra Jha

President                                                                           Member

Anita