NATIONAL INSURANCE CO LTD Vs. RAM SURAT PASWAN
LAWS(NCD)-2021-1-40
NCDRC
Decided on January 15,2021

NATIONAL INSURANCE CO LTD Appellant
VERSUS
Ram Surat Paswan Respondents

JUDGEMENT

DEEPA SHARMA,J. - (1.) The present Appeal, under Section ---51(1) of the Consumer Protection Act, 2019 (for short "the Act") has been filed by the Appellant against the order dated 13.02.2020 of the State Consumer Disputes Redressal Commission, Chhattisgarh (for short "the State Commission") in Complaint No.27 of 2019 whereby the Complaint of the Respondent/Complainant was allowed and the following directions were given: "23. Therefore, the complaint of the complainant is initially accepted and passed the direction in order, that: 1.The Opposite Party Insurance Company is directed to pay the amount of Rs.23,92,500/- (twenty three lakh ninety two thousand five hundred only) to the complainant within 45 (forty five) days; 2.The Opposite Party Insurance Company is also directed to pay the interest yearly 6 per cent calculated on Rs.23,92,500/- (twenty three lakh ninety two thousand five hundred only) from the date of institution of case dated 30.05.2019. 3.The Opposite Party Insurance Company is directed to paythe compensation on mental agony, Rs.10,000/- (rupees ten thousand) and the cost of the litigation Rs.3,000/- (rupees three thousand) to the complainant."
(2.) The brief facts of the case are that the Complainant had purchased a vehicle no.CG 07 BA/8577 and the same was insured with the Appellant against theft. During the validity of the insurance policy, on the intervening night of 7th and 8th October 2017, the vehicle got stolen from the roadside. An FIR of theft was registered on 09.10.2017 and the Appellant was also immediately informed of the theft and the claim was also filed. The claim of the Respondent was, however, repudiated by the Appellant on the ground that the Complainant was guilty of violation of Clause 5 of the terms and conditions of the policy. Aggrieved, the Respondent/Complainant filed the Complaint before the State Commission.
(3.) The case of the Complainant before the State Commission was that his vehicle when being driven on road developed some fault, probably in the clutch plate and therefore, the vehicle could not be driven further. The vehicle was then parked on the roadside and a search for mechanic was made. However, it was found that the vehicle had been stolen.;


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