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KUMKUM RANI, B. S. MANRAL
National Insurance Co. Ltd. – Appellant
Versus
Saumishra Mitra – Respondent
ORDER
Kumkum Rani, Judicial Member II—This appeal under Section 15 of Consumer Protection Act, 1986 has been directed against judgment and order dated 12.12.2018 passed by the District Consumer Disputes Redressal Forum, Haridwar (hereinafter to be referred as the District Commission) in consumer complaint No. 317 of 2015 styled as Sh. Somitra Mishra vs. Manager, National Insurance Company Ltd., Haridwar, wherein and whereby the consumer complaint was allowed.
2. The facts giving rise to the appeal, in brief, are as such that the complainant purchased a vehicle ‘Sumo’ bearing registration No. UK08-TA-3340 in the month of February, 2012 which was insured vide policy No. 25331031116-320077826 for the sum insured of Rs. 5,45,343/- had valid from 07.02.2012 to 06.02.2013. The above vehicle was stolen in the intervening night of 19-20 of September, 2012; a FIR was lodged and a criminal case No. 711 of 2012 under Section 379 of IPC was registered. On account of non-traceability of the same the investigation officer had filed final report on dated 03.01.2013 which was accepted by the Court of C.J.M., Haridwar vide order dated 23.11.2013. A claim was submitted before the opposite party – in
1. Delay in filing FIR and insurance claim to be condoned if reasonable explanation given, especially in case of theft of vehicle.2. Mere delay cannot be a reason for not providing claim as per Apex....
(1) Immediate Notice – The object behind giving immediate notice to the police appears to be that if the police is immediately informed about the theft or any criminal act, the police machinery can b....
(1) Definition of Fundamental Breach – An insurance company can only deny a claim in its entirety if there is a “fundamental breach” of policy conditions. A delay in reporting is generally considered....
Insurance Policy – Theft – Delay in intimating theft of vehicle to insurance company – Insurance Company could not have repudiated the claim.
The Consumer Protection Act prioritizes consumer interests, allowing claims to proceed despite delays if satisfactorily explained, emphasizing pragmatic interpretation over hyper-technicality.
Intimation – the delay in intimation to the Insurance Company as also the purported transfer of the vehicle to a third party by entering into a sale agreement is no more a factor for the insurer to d....
(1) Lodgement of FIR – after the vehicle is stolen, a person, who lost his vehicle, would immediately lodge an FIR and the immediate conduct that would be expected of such a person would be to assist....
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