Skip to main content

Truck left with key in ignition: NCDRC denies theft claim

The apex consumer commission has dismissed a man's appeal seeking over Rs 7 lakh compensation from an insurance company for his stolen truck, noting that the driver himself had left the key in ignition.

In its order, the National Consumer Disputes Redressal Commission also raised serious objections on the failure of Delhi Police's SHO to register the FIR of the theft on the day of incident itself.

The NCDRC bench, presided by Justice V K Jain, rejected the revision petition of Arjun Lal Jat, filed against the Rajasthan State Commission's order.

The state commission had held that Jat was not entitled to get any compensation from HDFC Irgo General, which had insured his truck.

The NCDRC passed the order while noting that the driver was the only person in the vehicle and he had left it in start condition with the keys in the ignition.

"... It can hardly be disputed that driver left the truck unattended with the key of the truck in the ignition. Had the driver not left the key in the ignition, it might not have been possible for thief to commit theft of the vehicle. The driver of the vehicle was clearly negligent in leaving the truck unattended with the key inside the ignition," the NCDRC bench, also comprising its member B C Gupta, said.

It added that once it was shown that the theft took place solely on account of driver, employed by Jat, the insurance firm cannot be made liable for such negligent act on the part of the driver and cannot be directed to reimburse the insured.

Jat had told the NCDRC that his truck, insured with the company, was stolen from in front of All India Institute of Medical Sciences on January 20, 2010 and an FIR was lodged in this regard on January 29, 2010.

He also lodged a claim with the insurance firm. However, after it denied to pay the claim, Jat approached the district consumer forum, seeking a direction to the firm to pay Rs 7.16 lakh.

Article referred: http://www.business-standard.com/article/pti-stories/truck-left-with-key-in-ignition-ncdrc-denies-theft-claim-114090300828_1.html

Comments

Most viewed this month

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...

Vanishing promoters and languishing shareholders

Over Rs 60,000 crore of shareholders’ wealth is stuck in 1,450 companies suspended by the stock exchanges. More importantly, near 100 per cent pledging of promoter holding appears to be common in many of these companies. This, almost rules out any chance of the companies bouncing back. The suspension is for non-compliance of the listing norms. Vanishing Companies - Definition As per the definition stipulated by SEBI, any listed company, which raised moneythrough initial public offer and, thereafter, stopped operations, did not file returnseither with the RoC or SEBI and did not exist on the registered premises wastermed as vanishing.There are provisions under Companies Act under which companies are termedvanishing companies on satisfying certain conditions. it is provided a companywould be deemed to be a vanishing company, if it satisfies all the conditions given below : a) Failed to file returns with Registrar of Companies (ROC) for a period of two years; b) Failed to fil...

Property can be sold on power of attorney - Delhi High Court

As reported in the Hindusthan Times on 5th May:-  http://www.hindustantimes.com/India-news/NewDelhi/Property-can-be-sold-on-power-of-attorney/Article1-1054964.aspx In a judgment that will benefit lakhs of Delhi residents living in co-operative housing societies and DDA flats, the Delhi High Court has quashed a Delhi government circular banning property sale in the Capital through general power of attorney (GPA). The court found that the directions in the circular, issued by the revenue department on April 27 last year, were contrary to the Supreme Court judgment dated October 11, 2011. The HC order will increase the number of saleable properties in Delhi and could bring down the value of freehold properties. According to realty watchers, on an average, around 20% of properties are registered through GPA transfers — a common way of selling leasehold properties and those that don’t have a clear title. The judgment came on a petition filed by a company, Pace Developers and ...