New Delhi: In an unusual case, state consumer commission has directed Oriental Insurance Company Ltd to pay Rs 10.5 lakh for rejecting the claim of a woman whose jewellery was stolen from her car while she met with an accident in which 6-8 cars rammed into each other. The insurance company rejected the claim on the grounds that the insured had not taken reasonable care while coming out of the car when the accident took place. It argued that and the theft from the car was an ‘exception’ since the car was not parked when the jewellery was stolen.
Presiding over the commission, Justice J D Kapoor said: ‘‘It is understood why the occupants had to come out during the accident from their car, which could not be avoided. It was a natural reaction from the complainants to leave the car oblivious of the fact that something would go wrong. Therefore it was not correct on the part of the insurance company to invoke exception clause of the policy.’’
In this case, Usha Anand, an NRI had removed jewellery from the locker on August 1, 2001. With the jewellery in a bag, she was driving with her sister and as they reached Defence Colony flyover, the accident took place. Usha and her sister got out of the car to quell the ensuing chaos, but returned to find the jewellery missing.
An FIR for missing jewellery was lodged but the case was closed on September 28, 2001. The complainant submitted documents to the company for claiming insurance for the stolen jewellery which was rejected and closed as ‘‘no claim’’ as the company stated it shall not be liable for ‘‘theft from a car except one in which all the doors, windows and other opening securely locked and properly fastened.’’
Source: Times of India
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