Judgment:
P.Q. Barkathali: President
This is a Revision Petition filed by the complainant in CC.148/11 on the file of CDRF, Kollam challenging the order of the Forum in I.A.62/13 dated, April 17, 2013 dismissing their complaint as not maintainable.
2. The complainant filed the complaint before the Forum contending thus:-
Complainant is the owner of vehicle bearing registration No.KL-01-AQ-4546. It was covered by a valid policy from 23.06.2008 to 22.06.2009 with the opposite party, Reliance General Insurance Company Ltd. The husband of the complainant entrusted the vehicle with one Mr.Fazil for transporting and supplying of Ayurvedic medicines he did not return the same. On enquiry it was revealed that he had pledged the vehicle with some other person. The husband of the complainant filed the complaint before the Kallambalam Police Station. The opposite parties repudiated the claim of the complainant on the ground that it is not a case of theft. Therefore complainant filed the complaint claiming the insurance amount.
3. The opposite parties/Reliance General Insurance Company Ltd. In their version contended thus before the Forum. It is admitted that the vehicle was insured with the opposite party company but as this a case of breach of trust and not of theft, the claim of the complainant cannot be entertained.
4. The opposite parties filed I.A.62/13 to decide the question of maintainability of the complaint. The Forum by the impugned order found the complaint not maintainable as it is not a case of theft and dismissed the complaint.
5. Complainant has now come up in Revision challenging the said order of the Forum.
6. The finding of the Forum that the complaint is not maintainable as this is not a case of theft appears to be not correct. In the policy the company has undertaken to indemnify the insurer against loss or damage of the vehicle by burglary, house breaking or theft etc and by malicious act vide section 1(7) of the policy. Evidently the act that was involved comes within the purview of malicious act. That being so, the finding of the Forum that as this is not a case of theft. Complaint is not maintainable cannot be sustained.
In the result revision petition is allowed. The impugned order of the Forum finding that the complaint is not maintainable and dismissing the complaint is set aside. The Forum is directed to take back the complaint on file and proceed in accordance with law. Both parties shall appear before the Forum on 30.06.2014.