Chandigarh Ombudsman Centre
CASE NO. GIC/521/OIC/11/09
G.C Bhargava
Vs.
Oriental Insurance Co. Ltd.
Order dated 12.02.09
Sh. G.C Bhargava had taken a Householder policy vide cover note no. 283105 on 03.09.07 for the period 05.09.2007 to 04.09.2008 covering household goods. On 24.11.2007, the complainant along with his family was going to attend a marriage at Mohali. When the complainant reached the venue, he discovered that the pouch of his wife which was containing six gold bangles was missing from the car. The value of six gold bangles was Rs. 31,000/-. The complainant informed the police at Mohali and lodged a DDR no. 25 dated 27.11.2007. He also intimated the loss to the insurer on 26.11.07. The police thoroughly investigated the case but could not trace the missing purse. Accordingly they issued an untraceable certificate on 04.03.2008.
During the course of hearing the insurer clarified the position by stating that the claim had been repudiated on the ground that reasonable care was not taken.
Held that the loss took place when the owner of the bangles was present. The family members had not left the bangles unattended or in an open vehicle giving invitation for theft. It is not a case of not taking adequate care of one’s property but misfortune. Taking the above into consideration, the repudiation of the claim on the ground that adequate care was not taken is not in order. The claim is payable, if otherwise admissible. It is hereby ordered that the admissible amount of claim should be paid by the insurer to the complainant by 05.03.2009 under intimation to this office.
