Lucknow Ombudsman Centre
Case No.G-44/11/05/08-09
Shri. Ravindra Kumar Verma
Vs
The Oriental Insurance Co. Ltd.
Award Dated: 12.3.2009 Complaint filed against Oriental Insurance Co. Ltd. by Shri. Ravindra Kumar Verma in respect of repudiation of his claim arose due to loss of jewellery and other valuables.
Facts: Shri. Ravindra Kumar Verma, took out a house holder policy opting for all risk cover from Oriental Insurance Co. Ltd. for a S.I. of Rs. 1,30,602/- for the period 9.2.07 to 8.2.08. On 7.11.07 while traveling on a motorcycle with his wife and child, a purse containing jewellery fell down somewhere and could not be traced. The respondent repudiated the claim on the ground that the loss happened due to gross negligence of the insured and no outside agency was involved in the incident.
Aggrieved with the decision of the insurer the claimant approached this forum giving rise to the complaint.
Findings : On careful examination of all the documents the forum found that the valuables were carried in a bag by the complainant’s wife sitting as a pillion rider along with their infant child and the bag had fallen off in between the journey but they could not realize it till they reached their destination. Also it is mentioned by the complainant that the jewellery was being taken for repair. It is also to be noted that the valuables as per bills submitted were bought only in Feb.07 i.e. only 6 months back and repair of bangles especially bought just 6 months back do not require any repair normally.
The circumstances leading to the loss of the item also is not very convincing as the bag carrying the valuables was carried casually which is not natural, as any individual will take utmost care in carrying valuables. Decision: Held that the loss has occurred due to utter carelessness and disregard to the safety of such valuables which is known to be in high risk especially when carried in an open motorcycle. The repudiation of the claim as per policy condition 3 was, therefore, held to be in order.
