1 hr ago
Maharashtra Commission Orders Insurer To Pay ₹70 Lakh BMW Claim
A BMW insured for ₹70 lakh caught fire after getting a flat tyre at night.
The driver moved it to the roadside, locked it and went back to Solapur because no repair service was available.
The car was found completely burnt the next morning.
The insurance company refused to pay, saying the car should not have been left alone.
A consumer commission disagreed with the insurer.
It said the driver had taken reasonable steps by moving and locking the car.
The commission also said no evidence showed that leaving the car unattended caused the fire.
It ordered the insurer to pay the full insured value, interest and additional compensation.
The Maharashtra State Consumer Dispute Redressal Commission ordered United India Insurance to pay ₹70 lakh for a burnt BMW.
The BMW was abandoned overnight after a tyre puncture on a highway on March 8, 2012.
The insurer had rejected the claim, arguing that the vehicle was left unattended without proper precautions.
The commission found no evidence linking the vehicle’s overnight absence to the fire’s cause.
United India Insurance must also pay 7% annual interest, ₹50,000 for harassment and ₹25,000 in litigation costs.
- Who
- Ravikant S. Patil, United India Insurance Company Ltd and the Maharashtra State Consumer Dispute Redressal Commission.
- What
- The commission ordered the insurer to pay ₹70 lakh for a BMW destroyed by fire, along with interest and additional compensation.
- Where
- The BMW suffered a tyre puncture on a highway and was moved to the roadside near a dhaba; the complaint was filed by a resident of Solapur.
- When
- The fire occurred on March 8, 2012; the insurer repudiated the claim on November 23, 2012; the commission issued the reported order afterward.
- Why
- The commission found that leaving the locked vehicle overnight did not by itself establish a policy breach connected to the fire, and that the agreed IDV governed the total-loss settlement.
Commission and BMW Owner
United India Insurance
Leaving the vehicle unattended
Commission and BMW Owner
The vehicle was moved near a dhaba, locked with its windows rolled up, and left overnight because the puncture occurred late and no repair facility was available. The commission said the policy did not absolutely prohibit leaving a broken-down vehicle unattended.
United India Insurance
The insurer argued that the complainant or driver should have remained with the BMW, changed the tyre or moved it to a safer location to prevent further loss.
Connection between policy breach and fire
Commission and BMW Owner
The commission said the fire’s exact origin was undetermined and that police and fire brigade reports did not show the complainant’s absence caused the fire. It also noted that the insurer produced no forensic evidence establishing such a connection.
United India Insurance
The insurer relied on the policy condition requiring proper precautions after the vehicle broke down and used that alleged breach to repudiate the claim.
Value payable for total loss
Commission and BMW Owner
The commission held that the agreed ₹70 lakh IDV was binding because the premium was charged on that basis, and rejected the insurer’s proposed reduced value of ₹59 lakh.
United India Insurance
The insurer contended that depreciation should reduce the BMW’s value to ₹59 lakh.
Key facts
- Insured vehicle
- BMW
- Insured Declared Value
- ₹70 lakh
- Policy period
- December 22, 2011 to December 21, 2012
- Premium paid
- ₹1.65 lakh
- Interest ordered
- 7% annually from November 23, 2012 until actual realisation
- Additional compensation
- ₹50,000 for mental agony and harassment, plus ₹25,000 in litigation costs
- Claim dispute
- The insurer cited the vehicle being left unattended overnight; the commission found no proven direct link to the fire
Quotes
Maharashtra State Consumer Dispute Redressal Commission
Consumer dispute redressal body that adjudicated the insurance claim
“As it was late at night and no repair facility was available, the driver moved the vehicle to the roadside, locked it and returned to Solapur in another vehicle. The following morning, the BMW was found completely burnt,”
freepressjournal.in
“It is a well-settled principle of insurance jurisprudence that to repudiate a claim based on a policy breach, there must be a direct nexus between the alleged breach and the cause of the loss.”
freepressjournal.in
Sources
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