J.M.MALIK, S.M.KANTIKAR
Jaspal Kaur – Appellant
Versus
New India Assurance Company Limited, Through Branch Manager – Respondent
J.M. Malik, Presiding Member—Counsel for the petitioners present. Arguments heard. The truck was stolen on 27.10.2008. FIR was lodged on 02.11.2008. It is explained that as a matter of fact the police was informed immediately on 27.10.2008, itself. Police desired that the owner should come and lodge the report. The owner of the truck resides in Chhatisgarh. He came and the report was lodged after the expiry of six days on 02.11.2008. Thereafter, according to the petitioner, the report was lodged with the New India Assurance Company on telephone but they desired that the copy of the FIR should be filed. Ultimately, written report was lodged with the Insurance Company on 07.11.2008 , i.e. after 11 days when the vehicle was stolen.
2. We have heard the counsel for the petitioners. He submits that he is claiming compensation only on non-standard basis. He has also invited our attention towards the IRDA circular which mentions that the delay can be condoned and has also invited our attention towards the following para of the circular:-
“Circulars on Late Insurance Claim
The current contractual obligation imposing the condition that the claims shall be intimated to the insurer with
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