NATIONAL INSURANCE COMPANY LTD. vs RAM VEER SINGH S/O PHOOL SINGH

This revision petition has been filed by the petitioner against the order dated 27.05.2015 passed by the U.P. State Consumer Disputes Redressal Commission, Lucknow (in short, ''the State Commission'') in Appeal No. 512/14 - National Insurance Co. Ltd. Vs. Ramveer Singh by which, appeal was dismissed.

Brief facts of the case are that complainant/respondent got his Mahindra Bolero UP-84-J-0197 insured from OP/Petitioner for a period from 5.9.2012 to 4.9.2013. Complainant''s car was stolen on 8.10.2012 and on 9.10.2012, complainant approached Police Station for lodging report, but Police asked to search the vehicle and report will be registered later on. On 16.12.2012, complainant sent a letter to SP, Mainpuri for registering FIR, but no FIR was registered. Then, he approached to Judicial Magistrate and then on his direction FIR was registered on 24.11.2012. It was further submitted that complainant approached Branch Office of OP on 10.10.2012 to intimate theft of vehicle, but Branch Manager refused to take letter and asked him to get FIR registered and later on, complainant intimated to OP by second letter dated 15.2.2013 about theft of vehicle, but OP repudiated claim. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP No. 2 was proceeded ex-parte and OP No. 1 & 3 resisted complaint and submitted that intimation of theft was to be given to the Police on the same day and immediate intimation was to be given to the OP whereas intimation to OP was given on 4.1.2013, i.e. after 2 months 26 days; so, claim was rightly repudiated and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP No. 1 & 3 to pay Rs.4,40,000/- with 6% p.a. interest along with Rs.5,000/- as compensation and Rs. 2000/- as litigation expenses. Appeal filed by OP No. 1 & 3 was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed.

Heard learned Counsel for the parties finally at admission stage and perused record.

Learned Counsel for the petitioner submitted that inspite of delay in lodging FIR and intimation to Insurance Company, learned District Forum committed error in allowing complaint and learned State Commission further committed error in dismissing appeal; hence, revision petition be allowed and impugned order be set aside. On the other hand, learned Counsel for the respondent submitted that order passed by learned State Commission is in accordance with law; hence, revision petition be dismissed.

It is not disputed that complainant got his vehicle insured from OP. As per allegation of the complainant, vehicle was stolen on 8.10.2012 and he sent letter to SP, Mainpuri on 16.10.2012 and intimation to Insurance Company on 4.1.2013 and 15.2.2013.

Admittedly, there is delay of at least 7 days in sending letter to SP, Mainpuri about theft of vehicle and 2 months 26 days delay in intimation to Insurance Company. Complainant has not adduced any evidence to prove that he approached to the Police Station on 9.10.2012 for reporting theft of vehicle and he approached Branch Office of OP on 10.10.2012. In lodging report as well in intimation to OP there is delay of 2 months 26 days. OP has not committed any deficiency in repudiating the claim because as per terms and conditions of policy, complainant was required to lodge report with the Police Station immediately after commission of theft and was also required to intimate to the Insurance Company immediately. Learned State Commission in the light of Circular dated 20.9.2011 issued by IRDA dismissed appeal without observing anything whether claim was genuine or not and whether delay was caused in intimation to Police as well Insurance Company due to unavoidable circumstances.

In F.A. No. 321 of 2005 - New India Assurance Co. Ltd . Vs. Trilochan Jane repudiation of claim by Insurance Company was upheld by this Commission as intimation to Insurance Company was given after 9 days of theft and FIR was lodged after 2 days of incident.

Learned Counsel for the Petitioner has also placed reliance on judgment of Hon''ble Apex Court in C.A. No. 6739 of 2010 - Oriental Insurance Co. Ltd. Vs. Parvesh Chander Chadha in which appeal of Insurance Company was allowed and complaint was dismissed as there was no reasonable explanation for delay of about 4 months in intimation to Insurance Company; though, report was lodged on the next day. In the case in hand, intimation regarding theft of vehicle was given to SP, Mainpuri only after 7 days of Commission of theft and intimation to Insurance Company was given after 2 months 26 days which deprived Insurance Company to investigate about genuineness of the claim. OP rightly repudiated the claim, but learned District Forum committed error in allowing complaint and learned State Commission further committed error in dismissing appeal and revision petition is to be allowed.

Consequently, revision petition filed by the petitioner is allowed and impugned order dated 27.05.2015 passed by the learned State Commission in Appeal No. 512/14 - National Insurance Co. Ltd. Vs. Ramveer Singh and order of District Forum dated 25.1.2014 in Complaint No. 043/2013 - Ramveer Singh Vs. National Insurance Co. Ltd. is set aside and complaint stands dismissed. Parties to bear their costs.