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The Complainant’s Scooter was stolen on 10.05.2016 when it was parked near his shop at Kamal Complex, I.O.C. Road, Chandkheda, Ahmedabad. The intimation of theft of vehicle was given by complainant to the respondent on 13.05.2016 i.e. after three days. The FIR of theft of the vehicle was lodged on 25.06.2016. As the intimation of loss due to theft was not given to the Respondent immediately, the claim was repudiated by the Respondent under Condition No. 1 of the policy.
After review of the claim on receiving appeal in Grievance Redressal Depth, the higher authorities had considered settling the claim on a sub-standard basis for Rs.18,750/- (i.e. 75 %) after deducting Rs.6250/-. The vehicle was stolen on 10.05.2016. The complainant had lodged the FIR on 25.06.2016. The insured ought to have lodged the complaint as per the policy condition No.1 immediately The insured had informed the insurance company after 3 days of the theft of the vehicle.
The complainant had not bothered to lodge an intimation of loss of the vehicle with the Insurer immediately even after his coming to know about the loss. Further, the insured had lodged an FIR of the theft of the vehicle on 25.6.2016 i.e. after 45 days. Hon’ble Supreme Court Oriental Insurance Co. Ltd. vs. Parvesh Chander Chadha (Civil Appeal No. 6739 of 2010 decided on 17.8.2010) dismissed the complaint holding that in terms of the policy issued by the insurance company, the insured was duty bound to inform about the theft of the vehicle immediately after the loss. The complainant had failed to give intimation of theft immediately to the insurance company and police authority as per policy Condition No. 1.The insurance company, after receipt of grievance appeal, had gracefully settled the claim on sub –standard basis by paying 75 % claim amount and paid it to the complainant.
In view of the foregoing, the complaint failed to succeed.
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