Lawstreet Journal

'Delay In Intimating Insurance Company About Theft Not A Ground To Deny Claim': Supreme Court

Lawstreet Journal 28 Sep 2021 7:22pm

Image courtesy: Lawstreet Journal Judiciary 'Delay In Intimating Insurance Company About Theft Not A Ground To Deny Claim': Supreme Court

On Sunday 19th of September 2021,Tl the Supreme Court answered the challenge in the present appeal that an order passed by the National Consumer Disputes Redressal Commission [ NCDRC] on 1st July 2015, whereby the Revision Petition filed by the respondent- Insurance Company was allowed and the claim of compensation on account of theft of vehicle was set aside on the ground that the delay of 78 days in not informing the Insurance Company of the theft is fatal.

The appellant Dharamender had purchased a Mahindra & Mahindra Major Jeep CL-500 bearing Registration No. HR-19C0414, at the cost of Rs.3,40,000/- on 14th March 2010. The said vehicle was financed by Mahindra & Mahindra Financial Services Ltd.

However, on the intervening night of 24th April 2010, the vehicle was stolen outside the office of a liquor shop, in which the appellant was a partner. An attempt was made to trace the vehicle but an FIR was lodged on 1st May 2010 i.e. after 7 days of the incident. 

According to the complainant Dharamender, he informed the Insurance Company about the theft of vehicle on phone, but the written complaint was made on 12th July 2010. It may be noted that the police had filed untraced report of the vehicle, which was accepted by the Judicial Magistrate, First Class, Charkhi Dadri, Bhiwani on 14TH May 2011.

The complaint was allowed by the District Consumer Redressal Forum and an award was passed to pay the insured amount, i.e. Rs.3,40,000/- to the complainant… Continue Reading...

Tagged: Supreme Court of India  
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