NEW INDIA ASSURANCE CO. LTD. Vs. NEERJA SINGH

JUDGEMENT

(1.) The complainant/respondent owned a truck which he had got insured with the petitioner company for the period from 12.05.2014 to 11.05.2015. The aforesaid truck, loaded with goods, was taken from Bahraich on 17.07.2014. Thereafter, the complainant got no information about the truck and could not contact the driver. An FIR against the truck driver was therefore, lodged with the police. The complainant/respondent thereafter, lodged a claim with the insurance company which was rejected by the insurer. Being aggrieved from the rejection of the claim, the complainant approached the concerned District Forum by way of a consumer complaint. The complaint was resisted by the insurer pleading inter-alia that no intimation of the loss was given to them by the insured. The District Forum vide its order dated 16.02.2016, allowed the complaint by directing the complainant to present the claim afresh with all necessary documents and directing the insurer to decide the claim within two months thereafter. The aforesaid order of the District Forum, having not been challenged by the insurer, became final and binding upon the parties.

(2.) After the aforesaid order of the District Forum, the insurer again rejected the claim vide letter dated 10.03.2016 which, to the extent it is relevant, reads as under:

(3.) Being aggrieved from the second rejection of the claim, the complainant again approached the concerned District Forum by way of a consumer complaint. The complaint was resisted by the insurer on several grounds including that the driver of the truck having committed criminal breach of trust, the loss was covered under the insurance policy.