Commission directs car insurer to pay Rs.5L
Chandigarh, June 27 -- Holding that technicalities cannot defeat a genuine insurance claim, the State Consumer Disputes Redressal Commission (SCDRC), Chandigarh, has dismissed an appeal filed by New India Assurance Company Ltd and upheld an order directing it to compensate a Chandigarh resident whose insured car was declared a total loss after being submerged during the 2023 Punjab floods.
The firm has been directed to pay Rs.5.48 lakh, along with 9% annual interest from March 28, 2024, the date on which the claim was repudiated. It also upheld the award of Rs.20,000 as compensation for mental harassment and Rs.10,000 towards litigation expenses.
The commission, comprising justice Raj Shekhar Attri (president) and member Preetinder Singh, observed that the insurance company's decision to repudiate the claim solely because the insured informed it about the loss nearly a month after the incident was "arbitrary and unjustified."
"The delay stands reasonably explained by the extraordinary circumstances arising out of the floods. There is nothing on record to suggest that the claim was fraudulent or that the insurer suffered any prejudice because of the delayed intimation," the commission said.
The case pertained to a Skoda Laura insured for a declared value of Rs.5.5 lakh. The vehicle remained submerged for around 11 days during the floods in July 2023. A workshop declared it beyond economical repairs. The insurer, however, rejected the claim, stating the loss had been intimated nearly a month after the flooding....
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