Page 49 - Insurance Times December 2018

LEGAL

Vehicle Insurance

Complaint Ref. No. AHD-G-051-1718-0200 25.6.2016 i.e. after 45 days. Hon’ble Supreme Court Ori-
ental Insurance Co. Ltd. vs. Parvesh Chander Chadha (Civil
Mr. Rajesh K. Parmar Appeal No. 6739 of 2010 decided on 17.8.2010) dismissed

V/s the complaint holding that in terms of the policy issued by
the insurance company, the insured was duty bound to
Oriental Insurance Co. Ltd. inform about the theft of the vehicle immediately after the
loss. The complainant had failed to give intimation of theft
The Complainant’s Scooter was stolen on 10.05.2016 when immediately to the insurance company and police author-
it was parked near his shop at Kamal Complex, I.O.C. Road, ity as per policy Condition No. 1.The insurance company,
Chandkheda, Ahmedabad. The intimation of theft of ve- after receipt of grievance appeal, had gracefully settled the
hicle was given by complainant to the respondent on claim on sub –standard basis by paying 75 % claim amount
13.05.2016 i.e. after three days. The FIR of theft of the and paid it to the complainant.
vehicle was lodged on 25.06.2016. As the intimation of loss
due to theft was not given to the Respondent immediately, In view of the foregoing, the complaint failed to succeed.
the claim was repudiated by the Respondent under Condi-
tion No. 1 of the policy. Complaint Ref:No.AHD-G-023-1617-1560
Ashish B. Monpura
After review of the claim on receiving appeal in Grievance
Redressal Deptt., the higher authorities had considered to v/s
settle the claim on sub-standard basis for Rs.18,750/- (i.e. Iffco Tokio General Ins. Co. Ltd.
75 %) after deducting Rs.6250/-. The vehicle was stolen on
10.05.2016. The complainant had lodged the FIR on
25.06.2016. The insured ought to have had lodged the com- The complaint was regarding deduction made from the car
plaint as per the policy condition No.1 immediately The repairing claim after accidental damage. Claim made for
insured had informed the insurance company after 3 days Rs.19854/- was settled for RS.12381. The insurer could
of the theft of the vehicle. prove that the amount was deducted towards the repair
for old damage. Moreover other amounts were settled af-
ter the consent of the complainant. The amounts deducted
The complainant had not bothered to lodge an intimation
towards compulsory excess and salvage were found to be
of loss of the vehicle with the Insurer immediately even
after his coming to know about the loss. Further, the in- in order.
sured had lodged FIR of the theft of the vehicle on The complaint failed to succeed. 

Forthcoming Events Media partner: The Insurance Times

Forthcoming Events 5th edition of The Economic Times
Media partner: The Insurance Times
Insurance Summit 2018
on December 6, Thursday in Sahara Star Hotel, Mumbai.
5th edition of The Economic Times
For Registration please visit
Insurance Summit 2018
http://et-edge.com/conferences/insurance/
on December 6, Thursday in Sahara Star Hotel,
Mumbai. The Insurance Times, December 2018 49
For Registration please visit
http://et-edge.com/conferences/insurance/