Dismissing the defence of an insurance company that there was a delay in lodging the claim for the theft of a dumper, the Thane district consumers forum has directed the company to settle the claim of Rs 14 lakh along with payment of legal expenses.
Thane District Consumers Disputes Redressal Forum (TDCDRF) chairman Umesh V Jawalikar and member N D Kadam, in their order on Wednesday, noted that the ICICI Lombard General Insurance company was unnecessarily making an issue out of the delay in lodging of the claim, which was not the case at all.
Bhojraj V Tichkule, a resident of Thane city, in his complaint to the forum stated that on May 13, 2009, his driver had parked his dumper in front of a transport company at Vasai. Next day, when the driver returned to take the dumper it was not found in its place.
Hence, he immediately informed Tichkule, who initiated the process of search and went to the police station to lodge a complaint. But, the police asked him to carry out the search of his dumper and later come and lodge a complaint.
When he did not find the dumper, Tichkule lodged a complaint with the police through FIR on May 21, 2009, and also informed the insurance company about the same and lodged a claim with them.
The dumper was insured with the ICICI Lombard insurance company for Rs 14,21,000, which the complainant claimed.
However, the company said that dumper driver might have left the keys to the vehicle which resulted in the theft. It also told the court that they had asked for the keys of the dumper, which the owner did not give.
In its order, the forum noted that the insurance company was taking recourse to technical reasons and under the garb of 'ifs and buts', rejecting the claim.
Article referred: http://articles.timesofindia.indiatimes.com/2013-07-11/thane/40513852_1_dumper-driver-icici-lombard-general-insurance-claim
Thane District Consumers Disputes Redressal Forum (TDCDRF) chairman Umesh V Jawalikar and member N D Kadam, in their order on Wednesday, noted that the ICICI Lombard General Insurance company was unnecessarily making an issue out of the delay in lodging of the claim, which was not the case at all.
Bhojraj V Tichkule, a resident of Thane city, in his complaint to the forum stated that on May 13, 2009, his driver had parked his dumper in front of a transport company at Vasai. Next day, when the driver returned to take the dumper it was not found in its place.
Hence, he immediately informed Tichkule, who initiated the process of search and went to the police station to lodge a complaint. But, the police asked him to carry out the search of his dumper and later come and lodge a complaint.
When he did not find the dumper, Tichkule lodged a complaint with the police through FIR on May 21, 2009, and also informed the insurance company about the same and lodged a claim with them.
The dumper was insured with the ICICI Lombard insurance company for Rs 14,21,000, which the complainant claimed.
However, the company said that dumper driver might have left the keys to the vehicle which resulted in the theft. It also told the court that they had asked for the keys of the dumper, which the owner did not give.
In its order, the forum noted that the insurance company was taking recourse to technical reasons and under the garb of 'ifs and buts', rejecting the claim.
Article referred: http://articles.timesofindia.indiatimes.com/2013-07-11/thane/40513852_1_dumper-driver-icici-lombard-general-insurance-claim
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