sandeep (engineer) 06 November 2014

Bike stolen from parking(fir filed against section 406)

My bike is stolen from parking on 12th Oct 2014 and i have log complaint against Parking owner.Police file case against section 406.They said In this case you both has to compromise.but Uptill now no compromise is done.

Now the parking owner said you just take your insurance and I have already paid much amount to bail my parking boys which got arrested after your FIR.

Now the Police said you did not get the final report against this FIR which is one of the requirement of Insurance Company.

Please suggest the step i have to do.

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3 Replies

Vickey Seerapu (Lawyer) 06 November 2014

Go to police station and ask the copy to file insurance for bike. If they not issued approched an advocate to file case in court. it is the easy way to get your bike.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 06 November 2014

According to insurance company's regulation : You must inform insurance company and police within 24 hours of vehicle theft. Do have a good look on the cop who takes your charge as he'll be the guy who'll get your police related documents from the PS in the future.

Next step is to call the insurance company, sending a speed post or telegram is another good option because in this case you'll have the proof that you've have informed the insurance company. Insurance inspector will visit your home for inspection and he'll make you aware about all the docs needed to file the claim (don't bribe him, this may put your case in negative image in his mind). There will be 2 very important people in every vehicle theft case : Police Officer and Insurance Inspector. You'll need to be very warm and soft with them and will have to be in touch with them regularly.

There are 2 steps of receiving the claim :

Step 1 : Claim Form Submission with necessary docs :

1. F.I.R in original.
2. Original RC
3. Original Insurance Copy
4. Original and Valid Pollution Certificate
5. Financier N.O.C (if financed)
6. Both Bike's Keys (Original)
7. Your Statement
8. Your neighbour Statement (to make case appear stronger)
9. Certificate from National Crime Bureau Authority.
10. Vehicle Non-Traceable report from Police Station (which comes after 3 months of theft)
11. Original Bike Purchase Bill with receipt
12. Police informed report (100 number receipt or statement of respected police officer who is inspecting your case)

When these documents are submitted along with the claim form, they (Insurance company) will ask for :

Gagandeep Goel (Advocate) 07 December 2014

Hello There

The section 406 relates to entrustment of property to someone and he misappropriates the same. parking the bike in the parking does not amount to entrustment. hence the accused shall get scot free.

a case should be registered for theft as defined under section 379 of ipc and he should be made a party along.

Gagandeep Goel

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