11. A perusal of the record and the contents of the FIR show that on 14.10.2012 the paid driver of the complainant along with the conductor left the truck unattended with its original key inside the ignition lock and went to the tyre puncture shop for repairing the stephony and after giving the stephony for repairing both the driver and conductor went for taking the meal. The thief took the advantage of the situation and ran away with the truck using the same key. As a result, it became an invitation to a person passing through the vehicle to take advantage of the aforesaid negligence on the part of the truck driver, and commit theft of the truck using the key which the driver had left in its ignition. Since both the driver and conductor had left the vehicle unattended. Therefore, it can hardly be disputed that they had failed to take reasonable steps to safeguard the insured vehicle from loss or damage. They had thereby contravened condition No.4 of the insurance policy. 12. A similar issue came up for consideration before Hon’ble NCDRC in RP No.1893 of 2016 & RP No.3198 of 2016 Cholamandalam MS General Insurance Company Ltd. Vs. Ashish Kumar Walecha and Ashish Kumar Walecha Vs. Manager, Cholamandalam MS General Insurance Company Ltd. & Anr. decided on 20.04.2017. In Cholamandalam MS General Insurance Company Ltd. (supra), the complainant had left the key of the vehicle in the ignition while going to meet a friend residing nearby. When he returned after 30 minutes, the vehicle was found missing. The theft was later reported to the police and intimation of the theft was also given to the insurer. The claim was rejected by the insurer vide a repudiation letter dated 09.07.2012 which read as under: "With reference to the claim documents submitted it has been observed that on 20.10.2011 as usual you have gone to your friend's residence and parked the vehicle opposite to his residence at Garba ground, Samata Colony. Leaving the key in the ignition itself you have gone to meet your friends. Upon returning after half an hour it was noticed that the vehicle was missing from the parked place. This has lead to your vehicle being stolen. This constitutes breach of policy condition No.5 which is reproduced below for reference: Condition No.5 - The insured shall take all reasonable steps to safeguard the vehicle from the loss or damage and to maintain it in efficient condition and the company shall have at all time free and full access to examine the vehicle or any part thereof or any driver or employee of the insured. In the event of any accident or breakdown, the vehicle shall not be left unattended without proper precautions being taken to prevent further damages or loss and if the vehicle be driven before the necessary repairs are affected any extension of the damage or any further damage to the vehicle shall be entirely at the insured's own risk". Being aggrieved from the rejection of the claim, the complainant approached the concerned District Forum by way of a consumer complaint. The complaint having been dismissed by the District Forum, but having been partly allowed by the State Commission, the insurer approached this Commission by way of a revision petition. This Commission inter-alia observed and held as under: "6. By leaving the key of the car in the ignition and not locking the vehicle, the complainant failed to take reasonable steps for safeguarding the vehicle from loss, since leaving the key in the ignition of the vehicle would tempt any thief to commit theft of the vehicle, when the vehicle is left unlocked. The complainant therefore, contravened condition no.5 of the insurance policy in the aforesaid manner. In view of the breach of the above referred condition, the insurer is not liable to reimburse the complainant for the loss suffered by him on account of his own negligence. 13. A similar issue came for consideration before Hon’ble NCDRC in Reliance General Insurance Company Limited Vs. Vinod Kumar, RP No.157 of 2016 decided on 20.07.2016 where the ignition key was left inside the ignition switch of the vehicle and the door of the vehicle was also open. Dismissing the complaint, this Commission inter-alia held and observed as under: "5. ........If the driver of the vehicle leaves the key in the ignition and also does not lock the door of the vehicle while going to a place from where the vehicle would not be visible to him, such an act in my opinion, amounts to a failure to safeguard the vehicle from loss or damage. The driver knew that if he left the key in the ignition and the door unlocked, anybody could commit theft of the vehicle taking advantage of his being away from the vehicle. Therefore, it would be difficult to dispute the negligence on the part of the driver of the vehicle. 14. Admittedly, in the present complaint also the driver of the vehicle left the ignition key in the vehicle thereby facilitating the thief to steal the vehicle and as such the complainant failed to take the reasonable care of the vehicle in question and violate condition no.4 of the policy terms and conditions as such the OP Ins. Co. repudiated the claim. 15. In the present complaint case the incident of theft took place on 14.10.2012 and complainant lodged the FIR with P.S Loni on 18.10.2012 as well as informed the OP Ins. Co. on 18.10.2012 whereas per the policy terms and condition no.1 the complainant has to inform the insurance company immediately which the complainant failed and has thus violate conditions no.1 of the policy as such the repudiation is justified as the delay in intimation hamper the timely investigation of the matter by the police in recovery of the vehicle. (Reliance has been placed upon the judgment of Hon’ble Supreme Court title as National Ins. Co. Ltd. vs. Nitin Khandelwal in Civil appeal no. 3409 of 2008 decided on 08.05.2008) 16. In view of the above discussion as well as the citation mentioned above, we are of the considered opinion that the repudiation of the claim by OP is justified and legal. We, therefore, find no merits in the present complaint case, same is hereby dismissed. File be consigned to record room. | 
