Loss of vehicles due to the fault of owners will not merit compensation

Owners of vehicles cannot claim any such compensation from their insurance companies in case of theft or damages caused about by their own negligence according to a trial court statement.


According to a trial court statement, owners of vehicles cannot really claim compensation from their insurance companies in case of personal negligence resulting in theft or damages. This observation was made by the court while revoking an insurance claim by Jamun Pandey whose truck was stolen when his driver left the keys in the unattended vehicle for quite some time in an area which was unauthorized.


According to additional district judge, Kamini Lau, the insured vehicle in this case was stolen owing to the negligence of the driver of the plaintiff in this case. In this case, the plaintiff is guilty with regard to breaching the terms and conditions of the insurance policy. As a result, the plaintiff is not entitled to any recovery or relief from the defendant as claimed in the plaint. The court was hearing a claim filed by Pandey who asked for Rs. 6.2 lakh from the SBI General Insurance Company. The validity of the insurance policy was between December 14, 2012 and


December 2013 and the truck went missing on the 25th of October, 2013 near the Pratap Nagar metro station. Pandey said that he was entitled to receive the insurance amount as per the policy of the insurance company.


The company opposed the plea stating that Pandey was guilty of negligence that led to the theft. The court agreed with the submission of the defendant and pointed out several discrepancies in the plaint of Pandey. Covering up the negligence by the plaintiff would not merit any compensation for him/her as per the landmark decision taken by the trial court.


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