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Rajeev Kumar Bansal vs Bajaj Allianz General Insurance Co. ... on 19 August, 2019

The issue in question is no more res-integra in view of the recent orders passed by this Commission in "RP No. 2795/2008, "Oriental Insurance Co. Ltd. vs Tara Singh (deceased) through LRs decided on 28.09.2016" and another case in "RP No. 2398/2016, "Ajay Kamboj vs. Divisional Manager, ICICI Lombard Zenith House & Anr. decided on 21.11.2016".  It is a well-settled legal proposition that if the keys of the vehicles are left inside the ignition socket, it amounts to grave negligence on the part of the complainant.
State Consumer Disputes Redressal Commission Cites 7 - Cited by 0 - Full Document

National Insurance Co. Ltd. & Anr. vs Binod Kumar Singh on 13 September, 2017

10.     In so far as the quantum of claim payable by the Insurance Company is concerned, it is evident from record that when the driver left the vehicle, he did not carry the ignition key with him.  Although it is being stated that he had put the key in the locker box, but in a number of cases decided by this Commission, it has been held that the non-carrying of ignition key by the driver in a similar situation, is considered deficiency on his part.  This view has been taken by this Commission in the case "Oriental Insurance Co. Ltd. vs. Tara Singh (deceased) through LRs (RP No. 2795/2008 decided on 28.09.2016)". It is clear, therefore, that the driver of the complainant did exhibit negligent attitude and the insurance company is correct in deducting a part of the claim for the said negligence.
National Consumer Disputes Redressal Cites 9 - Cited by 1 - Full Document

M/S. Mahavir Prasad Gupta And Sons vs Oriental Insurance Co. Ltd. & Anr. on 19 January, 2017

7.       The issue in question is no more res-integra in view of the recent orders passed by this Commission in "RP No. 2795/2008, "Oriental Insurance Co. Ltd. vs Tara Singh (deceased) through LRs decided on 28.09.2016" and another case in "RP No. 2398/2016, "Ajay Kamboj vs. Divisional Manager, ICICI Lombard Zenith House & Anr. decided on 21.11.2016".  It is a well-settled legal proposition that if the keys of the vehicles are left inside the ignition socket, it amounts to grave negligence on the part of the complainant.  In the present case as well, the complainant has nowhere stated in the consumer complaint that the keys were taken away by the driver, when he went to attend the call of nature, after parking the vehicle on the roadside.  A perusal of the copy of the FIR recorded by the Police reveals that the driver simply stated that he came out from his truck after parking the same on the roadside and started urinating.  He saw some people coming in a Mahindra Jeep, who stopped in front of the truck, entered the same and took the vehicle away.  In case, the keys were in possession of the driver, or he had locked the cabin before going to attend the call of nature, the culprits could not have just entered the vehicle and driven it away.
National Consumer Disputes Redressal Cites 4 - Cited by 3 - Full Document
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