Bhubaneswar Ombudsman Centre
Case No. I.O.O. / B.B.S.R. / 11.002.0054
Shri. Gadadhar Panda
Vs
The New India Assurance Company Ltd.
The Insured – Complainant had insured his tractor with tiller (Agriculture) with New India Assurance Co. Ltd under commercial Vehicle Miscellaneous policy. On the night of 26.12.2002 Starter, Bulb, and Dynamo were stolen by the miscreants. The incident was intimated to Banamalipur Out post, then FIR was lodged with Balipatna P.S. on 4.3.2003. Police authorities submitted the FRT “as fact true no clue”. The surveyor has assessed the loss for Rs. 8000/-, but the insurer repudiated the claim on the ground that the insured vehicle was parked in open place, which violates the condition no-5 relating to all reasonable steps to safeguard the vehicle. During the Hearing, the complainant stated that the vehicle was kept inside his compound. Insurance ombudsman directed the insurer to pay Rs. 8000/- with an interest of 6 % from the date of receipt of complaint i.e. 06-08-2004 with a view that in absence of any policy conditions to keep the tractor inside a garage at night which is an impossible concept for village farmers, the repudiation appears to be unreasonable and arbitrary.
