In a 10-year-old case of a stolen transport vehicle, ICICI Lombard General Insurance Company has been asked to settle a claim of Rs21 lakh with 7% interest. The State Consumer Dispute Redressal Commission has also directed the insurance firm to pay an additional Rs1 lakh towards mental harassment.
The driver of the vehicle was hired by Mohammed Yasin Abdul Hashmi, who ran the transport business. On July 28, 2014, the driver parked the vehicle near the MHADA colony ground in Bhiwandi and left for the day. However, the next day the vehicle was missing. Hashmi checked in the neighbourhood but it was not traceable.
He approached the police, asking them to register a theft case, but initially only a simple complaint was registered. An application to check the CCTV footage was also filed. After searching for three days, Hashmi approached the insurance firm and filed a claim.
The insurance firm, however, rejected it over the delay. The commission pulled up the firm for the excuse and referred to a Supreme Court citation, that it’s common knowledge that a person who has lost his vehicle may not straightaway go to the insurance company; at first, he will make efforts to trace the vehicle. “It is true that the owner has to intimate the insurer immediately after the theft of the vehicle.
However, this condition should not bar settlement of genuine claims particularly when the delay in intimation or submission of documents is due to unavoidable circumstances.”
