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
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
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