Petitioner Insurance Company, who was the opposite party before the District Forum, has filed the present revision petition. The Tata Qualis SUV belonging to the respondent, complainant was stolen on 25.03.01, while it was parked during the currency of the policy. The respondent lodged a claim which was repudiated by the petitioner on the ground that the vehicle was being used for ‘hire and reward’ by carrying passengers. Respondent filed a complaint before the District Forum. The District Forum allowed the complaint and directed the petitioner to pay a sum of Rs.4,83,000/- with interest @7% p.a. alongwith cost. Petitioner, being aggrieved, filed an appeal before the State Commission, which has been dismissed by the impugned order. The Hon’ble Supreme Court of India in “IV (2008) CPJ 1 (SC)” “National Insurance Company Ltd. Vs. Nitin Khandelwal” has held that in the case of theft, breach of condition of Policy is immaterial and the Insurance Company is liable to compensate for the loss to the insurer. In para 12 & 13 of the Judgement (supra), the Hon’ble Supreme Court of India has observed as under:- “12. 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. 13. In the instant case, the State Commission allowed the claim only on non-standard basis, which has been upheld by the National Commission. On consideration of the totality of the facts 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 looked into and the Insurance Company cannot repudiate the claim on that basis.” (emphasis supplied) The orders passed by the fora below are in consonance with the Judgement (supra) of the Hon’ble Supreme Court of India. This revision petition has no merit. Dismissed.
......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER | | 
