IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI Present: Hon’ble Thiru Justice R.SUBBIAH ... PRESIDENT Thiru.S.KARUPPIAH ... JUDICIAL MEMBER Thiru.R VENKATESAPERUMAL … MEMBER F.A. No.316 of 2015 (Against the Order, dated 23.03.2015, in C.C. No.84 of 2012, on the file of the DCDRF, Salem Orders pronounced on: 26.10.2022 The Branch Manager, National Insurance Co. Ltd., 1631/1-B, Ist Floor, Slaem-Bhavani Main Road, Sankari-637 301.

Salem District. ... Appellant/Opposite Party vs.

K.Rajkumar, S/o.Kandasamy, D.No.4/76B, Mothaiyanur Kudi Theru, Mothaiyanur P.O., Sankari Taluk, Salem 637 303. ... Respondent/Complainant For Appellant :M/s.Nageswaran & Narichania For Respondent: M/s.S.Kalyana Raman This First Appeal came up for final hearing on 24.08.2022 and, after hearing the arguments and perusing the materials on record and having stood over for consideration till this day, this Commission passes the following:-

O R D E R

R.Subbiah, J. – President .

This appeal is preferred by the National Insurance Company Limited, Salem, as against the Order, dated 23.03.2015, passed by the DCDRF, Salem, in C.C. No.84 of 2012, whereby, the District Forum, by holding that the Insurance Company/OP has committed deficiency in service, has allowed the complaint filed by the respondent herein, directing the OP to pay to him a sum of Rs.6 lakh towards the value of the insured vehicle, Rs.5,000/- as compensation for the service deficiency and Rs.2,000/- towards costs.

2. For the sake of convenience, the parties shall be referred to in this Order as per their nomenclature before the District Forum.

In brief, the case of the complainant as given in the complaint filed before the District Forum, runs as follows:-

The complainant is the owner of the lorry bearing Registration No.KA-01-AC-6355; that on 06.07.2009, a load of cement bags was carried therein from India Cements Factory at Sankari; that, after delivering the said load at Karumathampatti, during return, at about 9 PM. on 07.07.2009, the Driver of the lorry parked it at the Lorry Stand on the Road leading to the quarry which is opposite to India Cements and went to his house; that on the next date/08.07.2009 at about 7 AM., when the driver came back there to take the lorry, he found it missing and he immediately informed the same to the complainant, who went to the spot and enquired about the theft of the vehicle; that one of the Drivers of the India Cements told him that he saw the lorry at about 1.30 AM. on 08.07.2009 and consequently, the complainant enquired and searched for the lorry at various places but in vain; that thereafter, he lodged a complaint with Kumarapalayam P.S. on 26.07.2009 and it was registered as Cr. No.628/09 under Section 379 IPC; that the police ultimately referred the complaint as 'vehicle not traceable' and to that effect, they filed a closure report before the JM, Trichengode; that since the vehicle was comprehensively insured with the OP, on 23.07.2009, the information regarding its theft was duly informed to them and a claim was made for Rs.6 lakh towards total loss of the vehicle; that on 11.10.2011, the OP sent a letter to the complainant seeking his explanation as to the delay of 17 days for intimating them about the theft of the lorry and the delay of 19 days for registering the FIR in that regard, for which, the complainant sent his reply on 21.10.2011 to the OP, explaining the delay and presenting the details of the police investigation; that, while so, on 10.01.2012, the OP repudiated the claim by stating that there was an inordinate delay in intimation of theft of the vehicle to the OP as well as to the Police Authorities; and that, despite the complainant properly explaining the delay, the OP has resorted to repudiation only with a view to avoid settlement of the claim to which the complainant is legally entitled to, hence, the complaint before the District Forum, seeking to award a total sum of Rs.8.10 lakh under different heads, as mention