Pune District Consumer Forum Raps Insurance Company
Can involuntarily leaving ignition key with motorbike parked in designated authorized parking area become a ground for repudiation of insurance claim for theft? A bench comprising of Mr. O G Patil, Mr. V P Utpat and Mr. Kshitija Kulkarni from Pune District Consumer Redressal Forum held that such negligence should not become hurdle in claim sanction.
This question came before said court after ICICI Lombard General Insurance Company repudiated claim for theft raised by Mr. Prakash K Shinde, a Pune resident, after his motor bike was stolen from authorized parking area of a temple, when he involuntarily left ignition key in his motorbike.
According to insurance company by leaving ignition keys in motor bike, the complainant had violated terms and conditions of insurance, which requires him to take all steps to protect his vehicle from loss or damage.
However, court observed that the complainant took all care to safeguard his motorbike by parking the same at designated place in custody of owner of parking and hence the same was not left unattended. Hence the complainant could not be considered as negligent merely because he left ignition keys unintentionally.
Due to reasons as aforesaid, the court finally directed the insurance company and the parking area owner to jointly give complainant declared value of motorbike i.e. Rs.31,556/- along with compensation of Rs.5,000/- to the complainant.