The Nashik consumer court has ordered Satpur-based New India Insurance Company to settle the entire claim filed by a man, whose vehicle was irretrievable after falling into a 400-ft deep gorge in 2011.
Shantaram Thorat, a resident of Panchale in Sinnar, owned a tempo and had insured it for Rs 9.59 lakh. The vehicle was being used as a goods carrier. On October 30, 2011, the vehicle was on its way to the city from Mumbai, when the driver lost control over it after another vehicle veered along its way without any signal. The driver somehow managed to jump out of the tempo, but the vehicle plunged into the gorge in Igatpuri.
Later, Thorat tried to retrieve the vehicle but in vain. In February 2012, he filed the insurance claim with company seeking the entire amount. However, the company gave him only Rs 6 lakh and refused to provide the remaining amount saying that since the vehicle was not retrieved, the entire claim could not be settled.
"My client filed the claim, but the company refused by saying that the vehicle had to be presented for such claims. Thorat had presented certificates from the Igatpuri Municipal Council's fire brigade department and two crane service organizations saying that the vehicle could not be retrieved," said KN Aher, Thorat's lawyer.
Thereafter, Thorat approached the consumer court and filed a complaint against the company. He had sought complete settlement of the claim as well as interest on the pending amount. Taking cognizance of the complaint, the court sent a notice to the insurance company asking it to reply to it.
"The company did not make its presentation in the consumer court. Hence, the court ordered the company to settle the claim with interest and compensation for harassing Thorat," Aher said.
The court has ordered the company to pay Rs 3.59 lakh along with 10% and a compensation of Rs 3,000 to Thorat.
Article referred: http://timesofindia.indiatimes.com/City/Nashik/Insurance-company-to-settle-full-claim-of-vehicle-owner/articleshow/40864708.cms
Shantaram Thorat, a resident of Panchale in Sinnar, owned a tempo and had insured it for Rs 9.59 lakh. The vehicle was being used as a goods carrier. On October 30, 2011, the vehicle was on its way to the city from Mumbai, when the driver lost control over it after another vehicle veered along its way without any signal. The driver somehow managed to jump out of the tempo, but the vehicle plunged into the gorge in Igatpuri.
Later, Thorat tried to retrieve the vehicle but in vain. In February 2012, he filed the insurance claim with company seeking the entire amount. However, the company gave him only Rs 6 lakh and refused to provide the remaining amount saying that since the vehicle was not retrieved, the entire claim could not be settled.
"My client filed the claim, but the company refused by saying that the vehicle had to be presented for such claims. Thorat had presented certificates from the Igatpuri Municipal Council's fire brigade department and two crane service organizations saying that the vehicle could not be retrieved," said KN Aher, Thorat's lawyer.
Thereafter, Thorat approached the consumer court and filed a complaint against the company. He had sought complete settlement of the claim as well as interest on the pending amount. Taking cognizance of the complaint, the court sent a notice to the insurance company asking it to reply to it.
"The company did not make its presentation in the consumer court. Hence, the court ordered the company to settle the claim with interest and compensation for harassing Thorat," Aher said.
The court has ordered the company to pay Rs 3.59 lakh along with 10% and a compensation of Rs 3,000 to Thorat.
Article referred: http://timesofindia.indiatimes.com/City/Nashik/Insurance-company-to-settle-full-claim-of-vehicle-owner/articleshow/40864708.cms
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