The theft has occurred and the FIR was lodged immediately by the insured with the police station
who in turn submitted the untraced report. After 5 months from date of theft, the insured filed
claim before the Insurance Company who repudiated the claim on the ground that the insured
failed to intimate the insurance company within reasonable time.
The consumer filed complaint
before District forum which allowed the claim & confirmed by the state commission but the
NCDRC upheld the repudiation & dismissed the claim. The Supreme Court set aside the NCDRC
order and held that delay in intimation of claim cannot be a ground to repudiate
the claim, if claim is genuine 1.
Written By: Shubham Budhiraja
- In Gurshinder Singh vs. Shriram General Insurance Company Ltd. & Another reported
in 2020 (11) SCC 612
When an insured has lodged the FIR immediately after the theft of
a vehicle occurred and when the police after investigation have lodged a final report
after the vehicle was not traced and when the surveyors/investigators appointed by the
insurance company have found the claim of the theft to be genuine, then mere delay in
intimating the insurance company about the occurrence of the theft cannot be a ground
to deny the claim of the insured.
(Advocate, Delhi High Court)
Email: [email protected]
, Ph no: 9654055315