Page 22 - Insurance Times September 2015 SAMPLE

LEGAL STATUS OF
THEFT OF MOTOR
VEHICLES WHILE
ANSWERING
NATURE'S CALL
L osing your vehicle is a frustrating and depressing
affair which in a few unfortunate cases, could
turn disastrous. When a motorcycle or a car or
even a commercial vehicle is stolen, it is always had left the key in the car parked in an open space and had
better to follow the remedial steps immediately. Report it
immediately to the police soon as you realize your vehicle
has gone missing. Not only does this increase the chance of
recovering your vehicle, but also serves as an official proof
of the same.
In case your stolen vehicle is used to carry out any criminal
act, this will ensure that you not be held responsible. The
Reliance General Insurance Company challenged an order
of the Permanent Lok Adalat, which had found that the
Jagendra About the author
Kumar
Mr Jagendra Kumar is currently the
Corporate Head (Training) at Shriram
General Insurance Company. Mr Kumar is
a prolific writer and has wide experience
in the general insurance industry. Before
joining SGI he was the CEO in Pearl
Insurance brokers.
18 The Insurance Times, September 2015
Copyright@ The Insurance Times. 09883398055 / 09883380339
insurance company was liable to indemnify the loss caused
to the owner of a vehicle. There had been admittedly an
insurance for theft and the contention was that the driver
gone to answer the nature's call.
The insurance company took the defense that,since the
owner of the vehicle had been careless in keeping the
key in the car, it will not be liable. The High Court find
this contention of the insurance company to be outrageous,
for a person that loses the car by keeping the key in car
does not commit any violation of terms of the policy nor
could he be expected to keep it in the safe deposit vault
when he had to go to answer to the compulsions of nature's
call.
The Judge find the defense taken by the insurance company
to be irresponsible and find no justification for interfering
with the order that is passed by the Permanent Lok Adalat.
The writ petition was dismissed. (Reliance General Insurance
Company Ltd. Versus Rajesh Kumar, C.W.P. No.23209 of
2011, Punjab & Haryana HC, Order dated 14.12.2011.)