As per Hon’ble President. Mr. Atul Alshi.

1.                  The complainant has filed this compliant against OP for repudiation of insurance claim against theft of vehicle for the reason of negligence of the complainant for leaving vehicle unattended with key and thereby claiming insurance amount Rs.76,277/- alongwith compensation and cost of litigation.

2.                The story in short as under –

The complainant is owner of motor cycle bearing no. MH 40 CF 0764 which was insured with OP No. 1 for the period between 17.02.2021 to 16.02.2022. The complainant used to go his field regularly to give water to standing crop. On 10.12.2021 the complainant went to the field and parking motor cycle in front of gate. He left the key in the ignition lid and while coming back in the field after 10 minutes his vehicle was stolen. The outcome of which the complainant lodged an offence to the police U/s 379 of IPC came to be registered against unknown person vide no. 0687/21. The complainant filed insurance claim with relevant documents but the claim was rejected on dt.11.03.2022 on the ground of gross negligence to safeguard vehicle. The complainant issued notice through advocate on 04.04.2022 for the settlement of claim for compressive insurance policy. The OP No. 1 has failed to give complete term and conditions at the time of purchasing policy. Therefore, rejection of claim does amounts unfair practice on the part of OP.

3.                After service of notice OP No. 1 & 2 failed to appear and case proceeded ex party vide order dtd.12.09.2022 against OP No. 1 & 2.                     

4.               After hearing of counsel for complainant and observing the documents filed on record the following points arose for consideration.

1. Whether the complainant is consumer ?                Yes.
2. Whether there is negligence on the part of                                                                                                                                            OP No. 1 & 2 in repudiation of claim?              No.                                                                                                                                3.     What order ?                          As per final order.

                                                                  REASONING

5.               Point No. 1 to 3 - The complainant is owner of Hero Honda motor cycle bearing RTO registration No. MH 40 CF 0764 who purchased insurance policy No. 3055/2011773157/100/0000006551 from OP valid from 17.02.2021 to 16.02.2022 for sum assured Rs.72,467/-. On 10.12.2021 the complainant parked the vehicle as usual in front of iron gate of his field and went into the standing crop and when he came back vehicle was missing. Complainant after registration FIR submitted insurance claim with insurance company. But insurance claim repudiated the claim for the reason of for keeping the key in the ignition lock of vehicle. It is the story and pleading in complaint that, the complainant left keys in ignition of motor cycle and went in the field to give water to the crops. The complainant failed to remove key in the ignition lock is negligence to keep vehicle without adopting safety norms while parking the vehicle which is the breach of term and conditions of insurance policy. Therefore, rejection of insurance claim on the ground of exclusion clause does not amounts deficiency of service and unfair practices. Therefore, the complaint has no merit and deserved to be dismissed hence, dismissed as per following order.     

                              ORDER

1. The complaint is dismissed with no order as to cost.
2. Copy of the order shall be given to both the parties, free of cost.