NATIONAL INSURANCE CO LTD Vs. JASMEET SINGH

JUDGEMENT

(1.) Delay condoned.

(2.) In the first instance, accepting the Complaint, filed by the Respondent herein, alleging deficiency in service on the part of the Insurance Company in repudiating the claim in the sum of Rs. 8,55,000/- submitted by him with the Insurance Company for indemnification of the loss suffered on account of the theft of the insured vehicle on 20.06.2007, the District Forum had directed the Insurance Company to pay to him the assured sum of Rs. 8,55,000/-, along with interest @ 9% p.a. from the date of repudiation of the claim, i.e. 14.05.2010, till realization. The District Forum had also awarded in favour of the Complainant a sum of Rs. 5,000/- as litigation expenses.

(3.) The factum of the subject vehicle, a new TATA CPT 1613 (Truck), having been insured with the Insurance Company and the same being stolen on the afore-stated date is not in dispute. Hence, the short question for consideration in the case is whether the Insurance Company was justified in repudiating the aforesaid claim on the ground that the Complainant having left the 'cabin' key in the vehicle, when it was stolen, he had failed to take reasonable steps to safeguard the vehicle from loss and hence condition no.4 of the insurance policy stood violated ?