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Ltd. Vs. Roshni Devi & Ors., II (2002) ACC 325 (DB) of Hon'ble Punjab and Haryana High Court; (iv) Sudhir Engg. Co. Vs. Nitco Roadways, 1995 RLR 286 and (v) National Insurance Co. Ltd. Vs. Nitin Khandelwal, IV (2008) CPJ 1 (SC).

13. On the other hand, counsel for the defendant has submitted that the plaintiff's claim was rightly rejected by the defendant. He argued that the plaintiff failed to take reasonable steps to safeguard the insured vehicle CS No.58009/2016 :

M/s Kanpur Delhi Goods Carriers Ltd. Vs M/s National Insurance Co. Ltd. page 25 of 30 violation of condition of the policy as to the nature of use of the vehicle, the claim ought to be settled on a non-standard basis. The said decision of the National Commission has been referred to by this Court in the case of National Insurance Company Limited v. Nitin Khandelwal reported in 2008 (7) SCALE 351. In paragraph 13 of the judgment, in the case of Nitin Khandelwal (supra) this Court held:-
13. In the case of Nitin Khandelwal (supra) the State Commission allowed 75% of the claim of the claimant on non-standard basis. The said order was upheld by the National Commission and this Court refused to interfere with the decision of the National Commission".

28. In the present matter, the finding of the surveyor about the negligence of the driver was primarily based on the allegation that he had left the ignition key in the vehicle itself and this factor facilitated theft. It has been established that plaintiff submitted the ignition key of the vehicle to the surveyor. Surveyor has mentioned in his report that the key submitted by the plaintiff appeared to be unused but there is no scientific evidence to support the said finding. In fact, the surveyor himself was not sure about this aspect and that is why, he has mentioned in the report that the ignition key 'appeared to be unused'. Defendant has not examined the surveyor CS No.58009/2016 :