Page 55 - The Insurance Times September 2025

Legal Briefs

Expert opinion essential for replacing ticulously adhering to every policy guideline, insurance com-
panies can still unearth startling-and often unimaginable-
defective vehicle reasons to deny your medical claim.
Ravindra Annappa Bindre paid Rs. 1,54,762 on October 19,
A Silvassa resident recently fell victim to one such flimsy
2015, for a Royal Enfield Thunderbird 350cc motorcycle
reason for rejection: his Google Maps Timeline did not re-
manufactured by Eicher Motors. Upon delivery, he noticed
flect his presence at the hospital mentioned in his docu-
a sealant tape on the engine and was assured it was nor-
ments-a situation that has raised serious concerns about
mal. However, oil began leaking during the ride home.
digital privacy.
Bindre immediately returned the motorcycle to the dealer.
Fortunately, the Valsad Consumer Disputes Redressal Com-
He subsequently took it to the authorised service centre on
mission (CDRC) came to his rescue, ordering the insurance
several occasions, but the issue persisted. Bindre filed a company to reimburse the Rs 48,251 mediclaim, along with
complaint before the Additional Thane Consumer Forum,
compensation for mental harassment. In its recent order,
alleging that the motorcycle suffered from a manufactur- the commission noted that the insurer had presented incor-
ing defect and that there had been gross deficiency in ser- rect information regarding the patient's Google Timeline in
vice, rendering the vehicle unusable. an attempt to justify the rejection.
He sought a refund of the purchase amount or a replace- As per case details, complainant Vallabh Motka had pur-
ment of the motorcycle, along with a refund of the Regional chased a mediclaim policy worth Rs 6.52 lakh from Go Digit
Transport Officer (RTO) registration charges and insurance General Insurance, valid until Feb 21, 2025. He was admit-
premium. He also claimed compensation for mental agony. ted to Arham Hospital in Silvassa as an indoor patient from

The dealer and the manufacturer contested the complaint Sept 11 to 14, 2024, for the treatment of viral pneumonia.
and denied all allegations. They asserted that the subsequent He submitted a claim of Rs 48,251, which the insurer re-
leakage might have occurred due to Bindre's failure to fol- jected, citing various discrepancies-including those related
low operational instructions. to his Google Timeline location.
Although they offered to replace the engine, Bindre rejected Motka approached the consumer forum in March 2025,
the offer and demanded replacement of the vehicle. after multiple failed attempts to persuade the company to
The District Forum, in its order dated April 10, 2018, ruled reconsider.
in favour of Bindre and held both the dealer and the manu- In its repudiation letter, the company cited discrepancies in
facturer jointly liable to either replace the motorcycle with- the bills, indoor case papers, and supporting documents. Its
out any additional payment or refund its full price, includ- investigators somehow examined Motka's Google Timeline,
ing the RTO registration and insurance chages. The Forum and inferred that the hospital location was not recorded
also awarded compensation and litigation costs. during the stated dates when he was admitted.
Motka's advocate, A N Desai, submitted the treating
Insurance firm cites Google Maps loca-
doctor's certificate and argued that all treatment was con-
tion history to reject mediclaim ducted strictly under medical supervision.
Even after submitting all necessary hospitalization docu- In its order, the commission wrote: "The investigation re-
ments, honestly disclosing pre-existing conditions, and me- port submitted to the court confirmed that Motka was

50 September 2025 The Insurance Times