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Appeal filed by the petitioner was dismissed by the State Commission vide impugned order against which; this revision petition has been filed.

3. Heard Learned Counsel for the parties finally at admission stage and perused record.

4. Learned Counsel for the petitioner submitted that in spite of changed version regarding theft of vehicle and leaving ignition key in the vehicle by the complainant, learned District Forum committed error in allowing complaint and learned State Commission further committed error in dismissing appeal; hence, revision petition be allowed and impugned order be set aside. On the other hand, learned Counsel for the respondent submitted that order passed by learned State Commission is in accordance with law; hence, revision petition be dismissed.

in which it was held that if driver was in the hurry to answer the call of nature and the driver forgot to remove keys from the ignition switch, he cannot be said to have committed willful breach in violation of Condition No. 5 of the policy.

In the case in hand, there is no averment in the FIR, complaint etc. that Puneet Kumar along with his father complainant were in hurry to answer the nature of call and the driver forgot to take key with him. Rather, in motor claim form, complainant tried to justify that the vehicle was taken away at gun point. In the aforesaid judgment Sukhwinder Singh (Supra), judgment of this Commission reported in IV (2010) CPJ 297 (NC) National Insurance Co. Ltd. Vs. Kamal Singhal was also referred in which it was observed that driver is not expected to carry key of the vehicle with him while going to answer the natural call, particularly, when the vehicle was within his sight. In case in hand, we do not find any averment in the complaint that vehicle was within the sight of complainant and his son when they went for easing out. In such circumstances, Sukhwinder Singh case does not help the respondent and we hold that learned District Forum committed error in allowing complaint and learned State Commission committed error in dismissing appeal inspite of the fact that the complainant or his son were negligent in leaving the key in the vehicle and changing their version and not coming with clean hands before District Forum and impugned order is liable to set aside.