Waterlogging damages cars,residents win claim

Two Tricity residents,whose cars got stuck on waterlogged roads during the monsoon,have got relief through the UT Consumer Disputes Redressal Forums after their claims were denied by the respective insurance companies.

Written by: Express News Service

3 min readChandigarhFeb 8, 2012 01:50 AM IST First published on: Feb 8, 2012 at 01:50 AM IST

Two Tricity residents,whose cars got stuck on waterlogged roads during the monsoon,have got relief through the UT Consumer Disputes Redressal Forums after their claims were denied by the respective insurance companies.

In the first case,Harjit Singh,the Proprietor of Kanwar Enterprises in Industrial Area,Chandigarh,had to knock the doors of the Consumer Forum after the insurance company denied his claim. Singh told the court that in July 2011,he was going from Chandigarh to Mohali when he was caught in heavy rain. His car stalled at the YPS crossing in Mohali. It had to be towed to the workshop the next day. The AC and radio of the car were not working. Singh paid a total of Rs 1 lakh approximately on repair,and submitted the insurance claim to the company.

In August 2011,his claim was rejected. Aggrieved,Singh filed a case in the Forum.

In its reply,the insurance company stated that the the damage to the vehicle was caused by the owner’s negligence,as he tried to start the car on a water-logged road. The company said Singh failed to take reasonable care to protect his car,which led to engine damage. Hence,the claim was denied.

Singh had said in his statement submitted in the court that he was caught on a water-logged road,where the car stalled. He said he did not switch on the ignition but waited for help to push the car to the side. After studying the case,the Forum observed that the insurance policy had promised to indemnify the client against loss caused by “flood,typhoon,hurricane,storm,tempest,inundation,cyclone,hailstorm,frost”. In this light,the Forum concluded that the company could not deny the claim.

The Forum directed the insurance company to pay Rs 97,646 to the complainant towards repair of the car,Rs 25,000 as compensation for the harassment caused to him,and litigation cost of Rs 10,000.

In the second case,Ramesh Mehta,the Director of Ayushveda Informatics in Industrial Area,Panchkula,complained to the Forum that in September 2010,his car stalled on a water-logged road caused by heavy rainfall. The car was within the warranty period and hence free repair should have been provided. However,Mehta had to pay Rs 1.76 lakh on repair.

Mehta said the damage caused to the car by flooding was covered in the insurance policy,and the car was within the warranty period too. Hence,he was entitled to refund of the repair charges.

However,the car dealer claimed that the engine stalled since the car was taken on a flooded road. The dealer said the damage was caused due to ingestion of water through the intake system,which is not covered under warranty.

After studying the case,the Forum observed that the insurance company was liable to indemnify the client against loss or damage caused due to “flood,typhoon,hurricane,storm,inundation” and other factors. Hence,the Forum upheld the claim made by the complainant. It directed the insurance company to pay Rs 1.76 lakh to the complainant along with interest at the rate of 18 per cent per annum from the date of filing the complaint,and Rs 7,000 as cost of litigation.