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Bolero stolen a day after premium payment; commission orders insurer to pay Rs 3.5 lakh

By · Via Times of India · Published by Everything Blog

In short

A consumer bench rejected arguments that coverage began only after policy documents were officially generated hours post-theft. Complainant Jatinder Kumar had deposited the required fee through an affiliated finance company a day before his Mahindra Bolero disappeared. Relying on Supreme Court precedent, the forum ordered the insurer to settle the claim alongside interest and damages for causing undue hardship.

Key points

  • Insurers cannot escape liability for losses when the policyholder has paid the required p…: Insurers cannot escape liability for losses when the policyholder has paid the required premium in advance.
  • Delays in generating policy documents caused by internal dealings between sister firms do…: Delays in generating policy documents caused by internal dealings between sister firms do not invalidate a policyholder's coverage.
  • The commission awarded the vehicle owner an additional Rs 25,000 for hardship and Rs 10,0…: The commission awarded the vehicle owner an additional Rs 25,000 for hardship and Rs 10,000 for litigation expenses.

Sources checked by our analysis pipeline: 1

NEW DELHI: A district consumer commission in Punjab has directed an insurance company to pay Rs 3.5 lakh to a man whose Mahindra Bolero pickup was stolen. It held that the insurer could not reject the claim on the ground that the policy was issued after the theft, since the premium had been paid a day earlier through the financier.

Case background

As per the commission order, Jatinder Kumar, the complainant, owned a Mahindra Bolero pickup, financed through Cholamandalam Investment and Finance Company. He insured it with Cholamandalam MS General Insurance Company for September 8, 2021, to September 7, 2022, paying a premium of Rs 21,103. The insured declared value (IDV) was Rs 3.5 lakh.

The vehicle was stolen from outside his house on the intervening night of September 7 and 8, 2021.

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An FIR was registered at Sadar police station, Hoshiarpur, on September 8. The police could not trace the vehicle, and later the court also accepted their untraced report.

Kumar then lodged a claim with the insurer. He alleged that he was informed…

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