ORDER

Vinay Kumar, Member - The revision petitioner Tejbir Singh was the Complainant before District Consumer Forum, Rohtak in Complaint No. 237 of 2009. The Complaint had been filed against the decision of the respondent/Oriental Insurance Co., which had repudiated his insurance claim on 11.5.2009. The claim itself had arisen from alleged theft of his insured vehicle on 17.12.2007. The District Forum allowed the complaint holding that the report of the Surveyor appointed by the Insurance Company itself showed that the date, time and palace of theft was genuine and observing that

"The claim has been repudiated vide letter dated 11.5.2009 on the ground that the driver of the vehicle did not take due care of the vehicle who had consumed drugs and due to his negligence the snatching of vehicle took place and it was violation of condition No. 5 of the policy. The perusal of FIR Ex. R16 reflects that the driver of the vehicle has consumed Sulpha but version recorded in FIR cannot be taken as conclusive proof of fact as there is nothing on record to prove this fact. The claim has been repudiated only on the above said ground coupled with Clause 5 of the policy."

2. The appeal of respondent