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A. K. TIWARI, SRIKANT PANDEY
Anamika Pateriya – Appellant
Versus
Branch Manager, IFFCO TOKYO General Insurance Company Limited – Respondent
ORDER
A. K. Tiwari, Acting President.—Challenging the order dated 10.10.2018 passed by the District Consumer Disputes Redressal Commission, Chhatarpur (for short ‘District Commission’) in C.C.No.148/2017, the appellant/complainant has filed this appeal.
2. By the impugned order the District Commission has dismissed the complaint filed by the appellant/complainant on the ground that the opposite party-insurance company repudiating the claim on the ground of delayed intimation to the police and the insurance company has not committed any deficiency in service.
3. Learned counsel for the appellant/complainant pointed out that the complainant’s vehicle bearing registration number MP-16 C-7109 was insured with the opposite party insurance company for the period w.e.f. 27.08.2013 to 26.08.2014 for IDV Rs.6,79,000/- and the subject vehicle was stolen on 07.06.2014 when his driver Deepak took the vehicle to bring the family members of his friend Anand Agrawal. He argued that the complainant tried to lodge the FIR immediately but the police did not lodge FIR. Thereafter at the instance of S.P. the FIR was lodged on 24.06.2014 therefore the insurance company has committed deficiency in servi
Denial of Claim – there is delay on part of the appellant in intimating the police regarding occurrence of the alleged theft, the appellant’s claim has rightly been denied by the insurance company on....
(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....
Insurance Policy – Theft – Delay in intimating theft of vehicle to insurance company – Insurance Company could not have repudiated the claim.
(1) In case of theft of vehicle, breach of condition is not applicable.(2) Theft of insured car – Once IDV of vehicle is fixed mutually and it endorsed on policy, insurance company shall be binding t....
Insurance claim cannot be repudiated only on the ground of delay on part of complainant in intimating Insurance Company.
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....
Delay in notifying the insurer does not justify repudiation of a validated insurance claim.
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