Skip to main content

Insurance Company cannot repudiate claim in toto in case of loss of vehicle due to theft

IN New India Assurance Company Ltd. Vs. Pravin Krushna Tatkari, National Consumer Disputes Redressal Commission held that Insurance Company cannot repudiate claim in toto in case of loss of vehicle due to theft.

Challenge in present Revision Petition under Section 21(b) of Consumer Protection Act, 1986 is to order passed by Maharashtra State Consumer Disputes Redressal Commission (State Commission). By impugned order, State Commission has allowed Appeal, directing Insurance Company to pay to Complainant’s claim amount of 10,75,250/-, with interest @ 9% p.a. from date of filing of Consumer Complaint. Insurance Company has also been directed to pay a compensation of 50,000/- and cost of 20,000/- to Complainant. Brief point that falls for consideration is whether Insurance Company was justified in repudiating claim by invoking Clause 5 of terms and conditions on ground that, Complainant had not taken due care and caution while parking vehicle and invited theft.

It is not in dispute that, theft took place during validity period of Insurance policy and that incident was duly intimated to Insurance Company and an FIR was also filed in concerned Police Station. Clause 5 of said terms and conditions provides that, insured shall take all reasonable steps to safeguard vehicle insured from loss or damage and to maintain it in efficient condition and Company shall have at all times free and full access to examine the vehicle insured or any part thereof any driver or employee of Insured. In event of any accident or breakdown, vehicle insured shall not be left un-attended without proper precautions being taken to prevent further damage or loss and if vehicle insured be driven before necessary repairs are effected, any extension of the damage or any further damage to vehicle shall be entirely at Insured's own risk.

Specific pleading of Insurance Company is that, when vehicle was parked in an open space and door had no lock, Complainant ought to have appointed someone as security personnel for vehicle is completely unjustified. It is pertinent to note that, "standard reasonable care" has not been specifically defined in policy, for Insurance Company to repudiate whole claim on basis of "proper precautions" not being taken. Stand of Insurance Company that Complainant, in a contingency situation, where, there is breakdown of insured vehicle, should appoint security personnel to take care of vehicle, is truly beyond any reasonable expectation and such an argument only goes to show that, term "reasonable care", is being construed to advantage of Insurance Company.

Apex Court in National Insurance Company Limited Versus Nitin Khandelwal, observed that, Insurance Company cannot repudiate claim in toto in case of loss of vehicle due to theft. In view of judgment of Apex Court and fact that there was a statement made by driver that, door was not locked and there was no window glass, Commission is of opinion that, claim can deserves to be allowed on non-standard basis as there is no fundamental breach of any of conditions stipulated in contract. Hence, this Revision Petition is allowed in part reducing decretal amount awarded by State Commission to 75% of 10,75,250/-, to be paid by Insurance Company to Complainant, with interest @ 9% p.a. from date of repudiation till date of realization, within four weeks from date of receipt of this order.

Relevant

National Insurance Co. Ltd. vs. Nitin KhandelwalMANU/SC/7639/2008
Tags: Compensation, Quantum, Validity

Comments

Most viewed this month

One Sided Clauses In Builder-Buyer Agreements Is An Unfair Trade Practice

In CIVIL APPEAL NO. 12238 OF 2018, Pioneer Urban Land & Infrastructure Ltd. vs Govindan Raghavan, an appeal was filed before the Supreme Court  by the builder against the order of the National Consumer Forum. The builder had relied upon various clauses of the Apartment Buyer’s Agreement to refute the claim of the respondent but was rejected by the commission which found the said clauses as wholly one-sided, unfair and unreasonable, and could not be relied upon. The Supreme Court on perusal of the Apartment Buyer’s Agreement found stark incongruities between the remedies available to both the parties. For example, Clause 6.4 (ii) of the Agreement entitles the Appellant – Builder to charge Interest @18% p.a. on account of any delay in payment of installments from the Respondent – Flat Purchaser. Clause 6.4 (iii) of the Agreement entitles the Appellant – Builder to cancel the allotment and terminate the Agreement, if any installment remains in arrears for more than 30 da...

Inherited property of childless hindu woman devolve onto heirs of her parents

In Tarabai Dagdu Nitanware vs Narayan Keru Nitanware, quashing an order passed by a joint civil judge junior division, Pune, the Bombay High Court has held that under Section 15 of the Hindu Succession Act, any property inherited by a female Hindu from her father or mother, will devolve upon the heirs of her father/mother, if she dies without any children of her own, and not upon her husband. Justice Shalini Phansalkar Joshi was hearing a writ petition filed by relatives of one Sundarabai, who died issueless more than 45 years ago on June 18, 1962. Article referred:http://www.livelaw.in/property-inherited-female-hindu-parents-shall-devolve-upon-heirs-father-not-husband-dies-childless-bombay-hc-read-judgment/

Court approached in the early stages of arbitration will prevail in all other subsequent proceedings

In National Highway Authority of India v. Hindustan Steelworks Construction Limited, the Hon'ble Delhi High Court opined that once the parties have approached a certain court for relief under Act at earlier stages of disputes then it is same court that, parties must return to for all other subsequent proceedings. Language of Section 42 of Act is categorical and brooks no exception. In fact, the language used has the effect of jurisdiction of all courts since it states that once an application has been made in Part I of the Act then ―that Court alone shall have jurisdiction over arbitral proceedings and all subsequent applications arising out of that agreement and arbitral proceedings shall be made in that Court and in no other Court. Court holds that NHAI in present case cannot take advantage of Section 14 of the Limitation Act, 1963 for explaining inordinate delay in filing present petition under Section 34 of this Act in this Court.