LAW FOR ALL

The complainant gave intimation of theft to opposite party on 12.8.2008. Opposite Party repudiated claim on account of violation of condition = complainant’s truck was insured by OP and during subsistence of insurance, the truck was stolen on 20.5.2008 and on the very same day FIR was lodged under Section 379 IPC. Complainant has not mentioned purposely in the complaint that when intimation of theft was given to OP. But, letter dated 19.8.2008 issued by OP by which claim was repudiated reveals that by letter dated 12.8.2008, intimation of theft was given by the complainant to OP meaning thereby intimation of theft was given to the Insurance Company after 83 days of theft. As per terms and conditions of the policy it was obligatory on the part of the complainant to intimate about theft to the OP immediately.