ORDER

07.05.2018

                        Heard, The learned counsel for the appellant and Respondent. Appellant has filed written notes of argument.

                 The District Forum has allowed the claim of the assured amount in full whereas it is not indispute that complainant as per the terms and condition of the policy did not commercial in time about the theft of the vehicle to the appellant insurance company. Apart from this delay in lodging of FIR by six days.

                 Appellant submitted that the vehicle did not have permit under the Motor vehicle Act as such claim could not have been allowed.

Respondent submits even if there is violation of the terms of the policy in the case of theft the claim should be settled at 75% of the sum assured on the basis of non stand slandered claim in light of the decision of the Apex court the case of the National Company Limited Vs Nitin Khandelwal.

          Considering the submission of the parties and material on the record the direction to pay the full assured amount is not justified. However, in light of decision Hon’ble Supreme Court the appellant to pay the assured amount at of 75% of sum assured with interest @6% along with a from the date of filing of complaint i.e 11.05.2015 total amount of Rs. 10,000/- (Ten thousand only) towards compensation and litigation cost. The impugned order is modified as above.

              The aforesaid amount as above be paid within a period of two month on receipt/production of the certified copy of the present order failing which interest @10% shall be payable till payment.

               In the result appeal stands partly allowed.

Member (F)                                                                                         President