Consumer Insurance - Insured duty bound to inform the theft of the vehicle immediately after the incident. On account of delayed intimation, the appellant was deprived of its legitimate right to get an inquiry conducted into the alleged theft of the vehicle and make an endeavour to recover the same. Following, In Oriental Insurance Co. Ltd. Vs. Parvesh Chander Chadha, Civil Appeal No.6739 of 2010 decided on 17.08.2010, the Honble Supreme Court, inter-alia observed as under: In terms of the policy issued by the appellant, the respondent was duty bound to inform the theft of the vehicle immediately after the incident. On account of delayed intimation, the appellant was deprived of its legitimate right to get an inquiry conducted into the alleged theft of the vehicle and make an endeavour to recover the same. Unfortunately, all the consumer foras omitted to consider this grave lapse on the part of the respondent and directed the appellant to settle his claim on non-standard basis. In our view the appellant cannot be saddled with the liability to pay compensation to the respondent despite the fact that he had not complied with the terms of the policy. Reported in Saurashtra Chemicals Ltd. vs National Insurance Co. Ltd. decided 06.01.2015 NCDRC indiankanoon.org/doc/195620066/
Posted on: Thu, 15 Jan 2015 07:35:59 +0000
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