Negligence disallowed in insurance claim - Interesting aspect

[Biharilal Deora CFA]

'Negligent policy holder can't claim insurance money'

Updated on Wednesday, June 16, 2010, 20:34 IST

New Delhi: The insurance company is not liable to pay the claim if a policy holder is negligent and careless in dealing with valuable items, the Delhi State Consumer Commission has said. 

While dismissing a complaint against an insurance company, the Commission said the policy conditions provide that the policy holder must take all reasonable steps to safeguard the property insured against accident, loss or damage. 

The National Insurance Corporation Limited rejected the claim of policy holder Mahender Goel who suffered loss when a bag containing cash amount of Rs 9.85 lakh got stolen from his car in 2000, saying that he had not taken reasonable care to safeguard his valuables. 

"It is not possible to say that Goel took reasonable care of his cash. He must suffer for his own negligence, and the complaint must therefore fail," the Commission, comprising President Justice B A Zaidi and Member M L Sahni, said. The theft took place when he got down to change the tyre of his car, following which he registered an FIR with the police. 

Earlier, the insurance company contended that Goel had failed to take reasonable steps and care to ensure safety of the cash being carried in transit and had not locked the doors of the car while changing the tyre. Goel contested the contention, seeking Rs three lakh compensation besides the claim amount from the insurance company for deficiency in service in rejecting his claim

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Biharilal Deora, CFA, ACA
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