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Why did Royal Sundaram Alliance decline the insurance claim by Papori Barman?

BNE ADMIN


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Consumer case no 66 of 2014

Smti Papori Barman…… Complainant

vs

Royal Sundaram Alliance……. Respondent

Matter related to

Non-payment of an insurance claim or IDV (Insured Declared Value) to the complainant by the respondent insurance company.

Brief facts of the case

1) The complainant had insured her Chevrolet Beat Car from Royal Sundaram Alliance (respondent) under policy with effect from 13.3.2013 to midnight of 12.3.2014 with a total vehicle IDV (Insured Declared Value) at Rs 5,32,737.

2) On 25.6.2013 at around 4:30 pm in the evening, the car of the complainant was stolen from her residential address at Kahilipara. It is pertinent to mention herein that the complainant was residing in a rented house that could only be entered through a private road.

3) The complainant had on  25.6.2013, filed an FIR, and subsequently, the police had filed a final report before the Learned Magistrate on 23.10.2013 regarding the stolen car.

4) The complainant approached the respondent regarding,   IDV(Insured Declared Value) which was pegged at Rs 5,32,737 but the Complainant had refused to pay the same citing certain grounds.

Moot issues

1) Non-payment of an insurance claim or IDV(Insured Declared Value) to the complainant by the respondent insurance company.

2) A surveyor/investigator was appointed but any positive step was not taken, despite furnishing all the necessary documents.

Defense of respondent party(Insurance Company)

1) The respondent alleges that due care was not taken by the complainant, moreover condition no. 4 of the policy with effect from 13.3.2013 to midnight of 12.3.2014 stated that due care should have been taken. However, the complainant alleged that it was not taken.

2) The said policy was a package policy and the said vehicle was parked in the open road, with the ignition key and original documents kept inside which is tantamount to sheer negligence on the part of the complainant.

Findings of the Court

1) The respondent should compensate the complainant although there was a breach of conditions under the said policy, still, the respondent has to repudiate the claim in toto in case of loss of the vehicle due to theft.

BNE ADMIN