S.C.VYAS, J. - (1.) THE Insurance Company, has preferred. this appeal feeling aggrieved by order dated 17.6.2011 of District Consumer Disputes Redressal Forum, Raipur (C.G.) (hereinafter called œDistrict Forum for short), passed in Complaint Case No.73/2010, whereby it has been directed to pay Rs.9,20,000, alongwith interest @ 6% p.a. from the date of filing of the complaint till date of payment to the complainant and also to pay Rs.3,000 as compensation for mental agony and Rs.1,000 as cost of litigation, on account of loss of the insured vehicle due to theft.
(2.) IN nutshell, the facts of the case are that, truck No.C.G.04/J -2969 was of the registered ownership of the complainant respondent and was insured with the appellant/Insurance Company for a period between 7.9.2007 to 6.9.2008 under œCommercial Goods Carrying Vehicle Package Policy . The said truck was taken by driver of the complainant to Mumbai, alongwith goods, which was Rice at the relevant time and was coming back from Mumbai after loading some other goods, but in the way, the vehicle alongwith driver and cleaner missed. The complainant -respondent tried to locate the vehicle, his driver and cleaner, but when the vehicle, driver and cleaner could not be located, then First Information Report to the Police was lodged on 16.2.2008. However, Insurance Company was intimated prior to that on 9.2.2008. The matter was investigated by the Police and ultimately when vehicle or the driver & cleaner, could not be located, then final report was submitted before competent officer i.e. Superintendent of Police.
(3.) THE Insurance Company repudiated the claim on the ground that intimation to it was given late by the complainant and that driving licence of the driver, was renewed in the month of August, 2008, so the story of missing of truck with driver, was suspicious. Before learned District Forum, also the same defences were taken by the Insurance Company.;