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License not necessary in theft cases - Consumer Forum

Venkat Rathnam P, a resident of Indira Street, Subbaiahnapalya, Bangalore, had parked his vehicle (KA-03-HK-6835) in front of Aishwarya Hair Dressers near Patel Public School, 80 Feet Road, Banaswadi at 7.30am on November 21, 2012. When he came out of the shop, he found his vehicle missing and immediately filed a complaint at the nearest police station.

As the vehicle was insured with National Insurance, Venkat approached it to claim insurance. His policy (35100731126201121107) was valid from July 25, 2012 to July 24, 2013. As the theft happened in this covered period, the complainant was entitled to claim the insurance amount of Rs 33,603. The National Insurance official asked him to furnish the relevant police documents and the original vehicle registration certificate.

Venkat submitted all the original documents and vehicle keys along with the FIR, chargesheet and claim petition to the insurance company officials. "Instead of settling the claim, the insurance company issued a letter on May 28, 2013, stating the claim has been repudiated on the ground of not possessing a driving licence at the time of theft," he said in his petition to the consumer forum.

The forum concluded the company failed to settle the claim which could be considered deficiency in service.

The company said Venkat did not possess his driving licence at the time of theft and therefore, his claim couldn't be settled as Venkat had violated the insurance policy condition by riding the vehicle without a valid driving licence. Hence, compensation was ruled out.

The consumer forum held the policy entails any vehicle owner to possess a valid licence at the time of accident, if any, but this was a case of theft. Referring to a Supreme Court judgment, the consumer court said in case of a vehicle theft, "breach of condition is not germane and repudiating the claim without any justifiable cause in theft cases is nothing but deficiency in service".

The company was directed to settle the claim for a sum of Rs 33,603 along with an interest at 9% per annum from June 1, 2013, till the date of realization. It was also asked to pay Rs 3,000 as litigation charges to the complainant. The order was passed in February 2014 by a bench comprising BS Reddy as president and M Yashodamma as member.

 Article referred: http://timesofindia.indiatimes.com/city/bangalore/Owner-wins-insurance-claim-for-stolen-vehicle/articleshow/44428239.cms

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