THEFT OF PVT.CAR
MANUBHAI
(Querist) 11 June 2009
This query is : Resolved
ONE OF MY CLIENT CAR WAS STOLEN.I AM BIEFLY NARRATING CAUSE OF THEFT.
DIRVER OF THE CAR GAVE LIFT TO THREE PERSONS AND ON THE WAY DURING NIGHT TIME DRIVER STOP VEHICLE FOR NATURE CALL.KEYS OF THE VEHICLE LEFT IN THE STREEING AS HE WAS STANDING NEARBY VEHICLE FOR URINE INTHE MEANTIME OCCUPANTS IN THE VEHILCE DROVE THE VEHICLE.
INSURANCE CLAIM IS REJECTED DUE TO NEGLIENCE OF DRIVER AS VEHICLE LEFT WITH KEY.
WHAT IS THE LATEST JUDGEMENT OF NATIONALCOMMISSION/SUPREME COURT.
MANISH
(Expert) 21 June 2009
Dear friend,
The insurance company cannot repudiate the claim on that basis.
However, the same is a good ground to fight the case, but not a fit ground to win the case for the insurance company.
You may file your claim before the district consumer forum.
The reason of leaving the keys may be - the three persons who were given lift were also present, if the keys may be taken, then do he have to lock them inside the car, and the second case, that the driver in good faith left the car to their responsibility, which he could possibly have done if the car was not insured.
