DCDRC Rejects Complaint, Cites ‘Deliberate’ Damage To Car; Absolves National Insurance Co Of Liability
The bench noted that the loss to the vehicle was not a result of an accident but gross negligence
The Gurugram, Haryana bench of the District Consumer Disputes Redressal Commission (DCDRC) has dismissed a complaint against the National Insurance Company Ltd on observing that the damage to the insured car resulted from the deliberate and willful actions of the complainant’s son.
The bench comprising Sanjeev Jindal (President), Jyoti Siwach (Member) and Khushwinder Kaur (Member) noted that the son drove the vehicle into a water-logged underpass, and thus, absolved the insurance company of liability.
The complainant owned a car insured by the National Insurance Company. During the rainy season, his son drove the vehicle through a water-filled underpass in Gurugram. The car got stuck in high water flow, and after unsuccessful attempts to re-start it, he deserted the car at the underpass. The insurance company was informed about it after approximately two-and-a-half hours.
The insurance company conducted a survey and reported the matter to Platinum Motor Corporation Pvt Ltd, which arranged for a crane to pull out the vehicle.
The complainant was informed about damages to the tune of Rs. 85,978, after which, he submitted the claim to the insurance company, which rejected it.
Aggrieved by the situation, the complainant approached the DCDRC and filed a consumer complaint against the insurance company.
The insurance company argued that the loss and damage to the vehicle was not because of an accident but from the gross negligence of the complainant’s son, who knowingly drove the car into the water-logged underpass. It claimed that such negligence absolved the insurance company of any liability. It added that the surveyor had ruled that the claim was not maintainable, as the car was deliberately taken into the water, knowing it would cause damage.
The District Commission held that the insurance company’s rejection of the claim for the insured car was legitimate.
It judged that the complainant’s son had consciously tried to navigate the vehicle through the water-logged area, which caused the damage.
While stating that the action could not be categorized as an accident, the DCDRC dismissed the consumer complaint.