Contracts of Insurance V

Posted on by Rudrajyoti Nath Ray

Oriental Insurance Company Limited had insured Jaina Construction Company’s Tata Aiwa Truck [Registration No. RJ-02-098177], purchased on 31/10/2007, which was robbed by some miscreants on 04/11/2007.

It may be noted, there was conflict of decisions of Two-Judge Benches of this Court. Three-Judge Bench in Gurshinder Singh v. Shriram General Insurance Company Ltd., (2020) 11 SCC 612 clinches issue in case on hand.

When FIR is lodged immediately after theft of vehicle and when Police after investigation arrested and also filed challan before concerned Court and when claim of insured was not found to be not genuine, insurance claim can not be repudiated merely on ground, there was a delay in intimating about occurrence of theft.

– Hon’ble Justice Bela M. Trivedi, Jaina Construction Company v. Oriental Insurance Company Limited, [Civil Appeal No. 1069 of 2022].

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