Skip to main content

Dumper theft: ICICI Lombard asked to pay Rs 14 lakh claim

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

Comments

Post a Comment

Most viewed this month

Amendment of plaint under Order VI Rule 17 of the CPC explained

Cause Title :  Ganesh Prasad vs Rajeshwar Prasad, SLP (C) NO. 28377 OF 2018, Supreme Court Of India Date of Judgment/Order : 14/3/2023 Corum : J. B. Pardiwala, J. Citied:  Revajeetu Builders and Developers v. Narayanaswamy & Sons and Others reported in (2009) 10 SCC 84 North Eastern Railway Administration, Gorakhpur v. Bhagwan Das reported in (2008) 8 SCC 511 P.A. Jayalakshmi v. H. Saradha and Others reported in (2009) 14 SCC 525 B.K. Narayana Pillai v. Parameswaran Pillai and Another reported in (2000) 1 SCC 712 A.K. Gupta and Sons Ltd. v. Damodar Valley Corporation reported in AIR 1967 SC 96 Life Insurance Corporation of India v. Sanjeev Builders Private Limited and Another, Civil Appeal No. 5909 of 2022 dated 01.09.2022 Firm Sriniwas Ram Kumar v. Mahabir Prasad and Others reported in AIR 1951 SC 177 G. Nagamma and Another v. Siromanamma and Another reported in (1996) 2 SCC 25 Praful Manohar Rele v. Krishnabai Narayan Ghosalkar and Others reported in (2014...
Post a Comment
Read more

Owner of vehicle is not expected to verify the genuineness of the driving license before appointing a driver

Cause Title : Rishi Pal Singh Versus New India Assurance Co. Ltd & Ors., Civil Appeal No. 4919 Of 2022, The Supreme Court Of India Date of Judgment/Order : July 26, 2022 Corum : Hemant Gupta; J., Vikram Nath; J. Background the truck owned by the appellant met with an accident. The owner deposed before the court that before employing the driver, he had taken his driving test and that he was driving the vehicle satisfactorily and  that the driver was employed with him for 3 years before the date of the accident. He produced his driving license. This was reaffirmed by the driver who deposed that the driving license was obtained from the driver and it was issued from Nagaland, but no such license was produced on record. Both the Motor Accident Claims Tribunal and the High Court have held that the owner has alleged that the driver had a driving license from Nagaland but the same was not produced and therefore, the Insurance Company is entitled to recover the awarded amount...
Post a Comment
Read more

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more