Insurer told to shell out Rs.15 lakh for damaged car
Chandigarh, Oct. 14 -- The district consumer disputes redressal commission has directed Future Generali Insurance Company to pay Rs.15 lakh with 9% annual interest to a Sector 46-C resident for his accident-damaged Skoda Kodiaq, ruling that delay in transferring insurance paperwork and reporting the accident cannot, by themselves, justify rejection of a genuine claim.
The commission partly allowed a complaint filed by Rajat Garg, whose vehicle met with an accident near Bakapur village in Punjab on March 12, 2025. The accident led to the registration of an FIR at Balachaur police station, and the vehicle suffered extensive damage.
Garg had insured the vehicle with Future Generali for an insured declared value (IDV) of Rs.15 lakh. However, the insurer repudiated his claim on July 2, 2025, citing a three-month delay in reporting the accident and stating that although the vehicle's registration certificate had been transferred to Garg on February 11, 2025, the insurance policy remained in the previous owner's name.
Rejecting the insurer's objections, the commission, headed by president Pawanjit Singh with member Suresh Kumar Sardana, relied on Supreme Court judgments, including Surendra Kumar Bhilawe versus The New India Assurance Company Limited. It observed that under Section 157 of the Motor Vehicles Act, the transfer of ownership of a vehicle results in the deemed transfer of its insurance policy from the date of transfer.
On the delay in reporting the accident, the commission relied on the Supreme Court's ruling in Om Prakash versus Reliance General Insurance, reiterating that procedural delays should not be used as a technical ground to deny an otherwise genuine insurance claim. The commission also took note of the surveyor's report, which classified the vehicle as a total loss, with damage exceeding 75% of its IDV.It directed the insurer to pay Rs.14 lakh and sixty-six thousand, minus the compulsory deductible of Rs.2,000, along with 9% simple annual interest from the date the claim was repudiated. The insurer will retain and dispose of the vehicle's salvage.
The company was also directed to pay Rs.15,000 as compensation and Rs.10,000 towards litigation costs, within 45 days. In case of non-compliance, interest at 12% per annum will be payable on the principal amounts....
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