New Delhi The national consumer commission has rejected insurance claim of a man for his stolen tractor, noting that the FIR of the theft was registered ten days after the incident.
National Consumer Disputes Redressal Commission (NCDRC), presided by Justice K S Chaudhari, passed the order while rejecting the revision petition of one Vijay Kumar, filed against Punjab State Consumer Commission's order.
Kumar had earlier approached a district forum, seeking a direction to Bajaj Allianz General Insurance Co Ltd, insurer of his tractor, to pay the insured amount after it got stolen. The forum, however, dismissed complaint and thereafter, he field an appeal before state commission, which again dismissed his plea.
"Perusal of record further reveals that theft occurred on January 5, 2008, but FIR was lodged on January 15, 2008 and no specific date has been given regarding the intimation to the respondents. On account of delay in lodging FIR and intimation to insurance company, complaint was liable to be dismissed," NCDRC said.
It, however, also noted that the tractor was not insured comprehensively and theft of the tractor was not under cover of the insurance policy.
"The district forum rightly observed that tractor was not insured for theft purposes and the state commission rightly affirmed this finding.
"As tractor was not insured comprehensively and theft of tractor was not under cover of insurance policy, complainant was not entitled to any claim on account of theft of tractor," it said.
Kumar had contended before district consumer forum that his tractor, insured with the firm, was stolen along with its trolley on January 5, 2001 and an FIR was registered in this regard on January 15, 2001, and intimation was also given to the firm.
However, after claim was not settled by the firm, Kumar filed a complaint before district forum, he said. The firm, however, submitted before the forum that tractor was insured to cover risk for agriculture purpose only and no premium was paid to recover risk of theft.
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