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This is an archive article published on February 1, 2010

Insurance company directed to pay Rs 2.44 lakh to woman

The District Consumer Disputes Redressal Forum,UT,has directed the National Insurance Company Limited to pay a sum of Rs 2.44 lakh to a Panchkula-based resident for wrongly repudiating the insurance claim of her car.

The District Consumer Disputes Redressal Forum,UT,has directed the National Insurance Company Limited to pay a sum of Rs 2.44 lakh to a Panchkula-based resident for wrongly repudiating the insurance claim of her car.

According to Savita Tiwari,the complainant,her car was insured with the insurance company for Rs 2.45 lakh and was taken by her driver,Kiran Jain,on 14.8.2008 for getting a puncture repaired. The driver,however,did not return thereafter.

The matter was reported to the police and an FIR was lodged in this regard,said the complainant. The same was also reported to the insurance company and a claim was lodged with them.

The company,however,arbitrarily repudiated the claim on the ground that the contents of the FIR and untraceable report made the claim not payable,as the case was neither of theft or burglary or malicious act,the complainant alleged.

In its reply,the insurance company denied the allegations of negligence and stated the claim of the complainant had been investigated by surveyor N K Sehgal.

The investigations had revealed that the FIR No 165,dated 15.5.2008 was registered only under Section 406 of IPC for breach of trust and not an incident of theft,and the case was sent untraced on 22.10.2008.

After hearing both the parties,the Forum decided the case in favour of the complainant,saying the company cannot wriggle out for not paying compensation. “The insurance company is directed to pay to the complainant a sum of Rs.2,44,000 along with an interest at the rate of eight per cent per annum with effect from the date of repudiation,ie 23.06.09,till the entire amount is paid to the complainant along with litigation costs of Rs 5,000,” directed the Forum.

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