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SRIKANT PANDEY, MONIKA MALIK
Indrajeet Singh Tomar – Appellant
Versus
Manager, Tata AIG General Insurance Co. Ltd. – Respondent
ORDER
Dr. (Mrs.) Monika Malik, Member—This appeal by the complainant/appellant (hereinafter referred to as ‘appellant’) is directed against the order dated 31.10.2018 passed by the District Consumer Disputes Redressal Commission, Gwalior (for short the ‘District Commission’) in C. C. No. 351/2017 whereby the complaint filed by him has been dismissed.
2. Briefly put, facts of the case as narrated by the complainant/appellant are that after getting financial assistance from the opposite party no.2-Mahindra Finance Ltd (hereinafter referred to as ‘finance company’) he had purchased a Bolero bearing registration no.MP-07 GA-5621. The subject vehicle was insured with the opposite party no.1-insurance company (hereinafter referred to as ‘insurance company’) for a period w.e.f. 01.01.2016 to 31.12.2016 for insured declared value (IDV) of Rs.4,58,000/-. During the currency of the insurance cover, in the intervening night of 20-21.08.2016, the subject vehicle got stolen when it was parked outside his house, of which FIR was lodged with the Police Station Hajira, Gwalior. When the vehicle was not traced, the police filed Final Report (FR) before the court which was accepted by the court on 0
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....
Delay in notifying the insurer does not justify repudiation of a validated insurance claim.
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....
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....
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.
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