NATIONAL INSURANCE CO LTD Vs. RAVI DUTT SHARMA

JUDGEMENT

(1.) The National Insurance Company, though a public sector undertaking, has chosen to behave like private Insurance Companies. Respondent No. 1, who had insured his Toyota Corolla Car with the petitioner-company, had put up a claim when the vehicle was stolen from outside the house of friend of the owner. He had immediately lodged a complaint with the police on 24.11.2009 at Police Station, Narela Delhi. He had also informed the Agent Mr. Varun Gobil at Mobile No. 9818138822. The petitioner-company, however, repudiated the claim on the ground that the information was supplied to the petitioner- company late, whereby it lost its right to investigate.

(2.) I have my doubts whether the Insurance Company can act as a super investigator once the complaint was lodged with the police about the theft. The responsibility to investigate or to ascertain the cause of theft or whether it was there or not would really be that of the police. Merely because there was a delay on the part of the insured to inform the petitioner-company would not be a reason enough to decline or repudiate the claim. Lok Adalat has rightly appreciated this aspect and has negated the plea raised by the petitioner Insurance company on the ground that the respondent-insured had immediately informed the police about the theft and hence the delay would be immaterial in such cases. The Insurance Companies, in my view, are not acting fairly in all such matters after charging huge premium. Intention is always to repudiate the claim on one ground or the other. The conditions of the Insurance agreements are so minutely printed that person gets hardly any time to go through such conditions to make it legally binding in any appropriate manner.

(3.) Dismissed.