Dehradun: The State Consumer Disputes Redressal Commission has overturned a Haridwar District Commission order that had ruled in favor of a consumer in an insurance claim dispute involving ICICI Lombard General Insurance Company.
Background of the Case
The case revolves around a Honda Activa 3G DLX purchased by Omdatt Pundir from Sansar Ventures Private Limited on February 26, 2016. The vehicle met with an accident on March 10, 2016, during the insurance policy period. However, the scooter had not been registered by the date of the accident, prompting the insurer to reject the claim.
Earlier District Commission Ruling
The district commission had earlier directed the insurance company and the dealer to reimburse the cost of the vehicle along with interest, holding that there had been a deficiency in service.
Appeal by ICICI Lombard
Challenging the order, ICICI Lombard argued that the scooter was being driven on a public road without valid registration, in violation of section 39 of the Motor Vehicles Act, 1988.
State Commission's Observation
Upon review, the state commission highlighted the legal violations, noting that the application for registration was submitted on the day of the accident, while the vehicle was registered only on March 15, 2016. It held that the insurance company was justified in rejecting the claim due to non-compliance with legal requirements, and therefore no deficiency in service could be attributed to the insurer.
Final Verdict
Accordingly, the commission allowed the insurance company's appeal, dismissed the complaint, and directed that the amount deposited during the appeal proceedings be refunded to the insurer.
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About the Author: Pankul Sharma is a journalist based in Dehradun, Uttarakhand, with over 22 years of experience in journalism. Currently serves as a special correspondent covering Judiciary, Archaeology, Culture, and Industry.
