Holding as unjustified the repudiation of the claim for theft of a vehicle on account of delay in intimation, the Dakshina Kannada District Consumer Commission has directed United India Insurance Company Limited to pay Vinutha E. Swamy 50% of the claim amount of ₹6.5 lakh.
The District Commission, headed by president K. Prakasha and comprising members P.V. Lingaraju and H.G. Sharadamma, on September 1 also ordered the insurance company to pay ₹10,000 as compensation and ₹10,000 as cost of the litigation to Ms. Swamy.
Ms. Swamy, a resident of Padil, owned a 2011 model of Tata Tipper lorry. This vehicle was insured by the United India Insurance Company for ₹6.5 lakh and it was valid between January 19, 2019 and January 18, 2020.
On May 21, 2019, the driver of the lorry parked the vehicle in the place hired by Ms. Swamy near Guddeyangadi bus stop after his duty got over. He handed over the keys of ignition and diesel tank of the vehicle to the owner, but left behind the vehicle cabin key in the vehicle itself. The driver returned at 6 a.m. the next day and did not find the lorry. On the instruction of Ms. Swamy, he immediately filed a complaint with Kavoor Police Station for an offence punishable under Section 379 of Indian Penal Code.
The police on February 24, 2020 filed a C report before the jurisdictional III JMFC Court. Ms. Swamy submitted a claim for theft of vehicle, which was rejected by the Manager of Surathkal branch of the insurance company. After issuing legal notice to the branch manager, Ms. Swamy filed a complaint with the District Commission seeking ₹6.5 lakh of the claim amount and ₹50,000 as compensation.
The District Commission in its judgment noted that the complaint about theft of the lorry was filed on May 22, 2019, which was the day the vehicle was stolen. Referring to a February 2022 order of the Supreme Court, the District Commission said that the defence of the insurance company to repudiate the claim on account of delayed intimation of theft is unjustified.
Regarding the other defence of the insurance company that the driver was negligent in leaving the cabin keys in the vehicle itself, the District Commission went by the principle stated by National Consumer Commission in its judgment in April 2019 and directed insurance company to pay 50% of the claim amount.
