BACHHU SINGH Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) The complainant/appellant owned a truck bearing no. RJ-05GA-9383 which he got insured with the respondent company for the period from 05.11.2012 to 04.11.2013. On the intervening night of 18th /19th Feb., 2013, at about 1 am - 2 am, the driver of the vehicle allegedly parked the vehicle on one side of the road and went to check another vehicle of the complainant/appellant at another site. The cabin of the vehicle was left open by him. The key of the vehicle was also left by him in the ignition. The case of the complainant/appellant is that when the driver returned to the place where the vehicle had been parked by him, it was found stolen. The matter was reported to the police and an FIR was also registered. Intimation of the theft in writing was given to the insurer on 07.03.2013 after delay of about 17 days. The claim lodged by the complainant/appellant was rejected by the insurer on the grounds that (i) the insurer had not taken adequate care to safeguard the vehicle against the loss since the key was left inside the ignition and the cabin of the vehicle was also left open and (ii) there was delay in intimating the theft of the vehicle.

(2.) Being aggrieved from the denial of the claim, the complainant/appellant approached the concerned State Commission by way of a consumer complaint.

(3.) The complaint was resisted by the insurer primarily on the grounds on which the claim had been rejected.