The National Consumer Dispute Redressal Commission (NCDRC) has come to the rescue of a Latur-based farmer, whose tractor was stolen from his farms in April 2014. The commission has asked the insurance company, Tata AIG General Insurance, who had refused to pay the insurance amount to the farmer Mahendra Kale, to pay the entire amount of the tractor, Rs5.5 lakh, along with 9% interest on the amount from 2014.
The insurance company is also asked to pay Rs5,000 each towards the farmers mental agony as well as litigation charges, respectively. In April 2014, Kales tractor went missing from his field, and accordingly, he approached the nearby police station to file a theft complaint. The police advised him to search for his tractor for four to days and if not recovered, then a formal case will be lodged.
Later, as he didnt get the vehicle, the police filed a theft case.
Later, the farmer approached the insurance firm seeking compensation, but the firm repudiated the claim because the claim was filed after a delay of 15 days, thus doubting the intention of its consumer.
The farmer approached the district consumer against the insurance firm, but the forum turned down the plea. Aggrieved by the same, Kale approaached the Maharashtra State Consumer Dispute Redressal Commission. The state commission accepted the claim and asked the firm to pay for the farmers loss.
The commission held that the complainant had made a genuine submission to the police but the police had not recorded his complaint for four to five days and asked him to search for the vehicle, thus there was a delay in reporting about the theft.
The national commission while passing orders held that referring to several Supreme Court judgments, it is a settled law that a short delay in intimation to the insurance company is no more a factor for the insurer to deny the claim petitioner.
