S.C.VYAS, J. - (1.) THIS appeal is directed against the order dated 15.02.2011 of District Consumer Disputes Redressal Forum, Durg (C.G.) (hereinafter called ''District Forum '' for short) in Complaint Case No.195/2010, whereby the appellant/Insurance Company has been directed to pay a sum of Rs.41,600/ - (The I.D.V. of the vehicle) to the complainant/respondent on account of theft of the insured motorcycle, and also to pay Rs.2,000/ - as compensation for mental agony and Rs.1,000/ - as cost of litigation.
(2.) IN nutshell, the motorcycle bearing No.C.G.07.L.L. -4287 was insured with the appellant/Insurance Company for a period between 25.08.2009 to 24.08.2009 and it was of the registered ownership of the complainant/respondent. As per case of the complainant/respondent before District Forum, the said motorcycle was stolen by someone on 06.10.2009. The incident was immediately reported to the Insurance Company orally. The complainant went to Police Station for lodging police report, but he was advised by the Police to search the vehicle to the nearby places and in case the vehicle is not available, then the report may be lodged. Thereafter, complainant tried to locate the vehicle to the nearby places, here and there and when it could not be traced, then ultimately police report was lodged on 16.12.2009. It has also been averred that on next day of the incident, he went to the office of the Insurance Company and orally informed regarding incident and requested the Insurance Company to correct the number of the insured vehicle in the insurance policy, because there was difference in the number of the vehicle in the registration certificate and in the insurance policy, which was pointed out by the Police officer to whom the complainant went to lodge the report. His request was accepted by the Insurance Company and correct policy was issued bearing correct number of the vehicle. Later on complainant made an application for issuance of claim form to the Insurance Company, then a claim form was issued. Ultimately claim was repudiated by the Insurance Company, on the ground that incident was reported to the Insurance Company very late and so the Insurance Company was not liable to pay any compensation, on account of violation of the terms of the insurance policy, under which the incident was required to be reported immediately to the Insurance Company after the theft. Learned District Forum after having considered the rival contentions of both parties allowed the complaint and passed the impugned order.
(3.) WE have heard arguments advanced by both parties and perused record of the District Forum.;