RAVIKANT PATIL Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) HEARD Mr. Ravi Bhat, Advocate who appeared alongwith Ms. Rita Abraham, Advocate for the complainant.

(2.) THIS is a complaint filed as against the United India Insurance Company Ltd. having its branch office at Navi Peth, Solapur. The complainant is/was owner of vehicle No.MH -13 -AF -5050. It is a BMW car insured for a period from 22.12.2011 to 21.12.2012. It was three year old car insured for an amount of Rs.70,00,000. The policy issued to the complainant is styled as "Private Car Package Policy". It is the case of the complainant that on 8.3.2012 while he was returning from Idi to Solapur, left front wheel of the said car got punctured on the way at Dhulkhed nearby Chacha Ka Dhaba. The complainant further states that it was late night. The complainant's driver parked the said car by sideway of the road. Another car was brought from Solapur and both i.e. complainant and his driver went back to Solapur as at that late hour of the night there was no person available to repair the puncture. Next day morning i.e. on 9.3.2012 when driver of the complainant returned back to the place where the car was parked in order to collect the same, it was found that the said car was completely burnt. The matter was reported to the police and thereafter the claim was lodged with the opponent/Insurance Company. Correspondence was exchanged between the parties. However, by a letter dated 23.11.2012 the Insurance Company rejected the claim relying upon Condition No.4 from the exclusion clause of the Insurance policy. Thereafter, this complaint has been filed on 4.2.2013.

(3.) THE main incidence is of 8.3.2012 and rejection or repudiation is of 23.11.2012. Therefore, the complaint is filed within time. However, for the reasons stated here -in -below, we are not inclined to admit the complaint.