ORDER :

1. The petitioner made an insurance claim, in terms of the policy of insurance taken from the respondent, on account of the alleged theft of his insured truck. His claim was repudiated by the respondent essentially on two grounds pertaining to the violation of the terms of policy: one, that there was an abnormal delay of eight days in lodging the FIR and of sixteen days in informing the insurance company about the alleged theft; and second, that the vehicle was left unattended on a Highway with ignition keys and thereby, the petitioner or his employees failed to take requisite steps to protect the insured truck from any loss or damage.

2. The reasons as stated in the repudiation letter could be usefully reproduced as under: -

“1) The keys of the vehicle were left with the vehicle. It is mentioned in the notarised statement given by you that the vehicle was stolen with the ignition key. This is a gross negligent act of leaving key with the vehicle which led to the incidence of the insured asset being stolen. Sufficient care was not taken which a prudent man ought to have taken. This is violation of terms and conditions of insurance policy issued to you which states-The insured