amit (Legal Counsel) 17 January 2009

Insurance Claim

Hello All,

1) One of my friend was driving his car…his office has given him a laptop….which was insured….

2) Was alone in the car…..

3) He stops at one traffic signal as signal was red…

4) One bike rider came on bike and stops nearby his car…

5) The person on bike told him that, the back tire of his car is puncture or having less air…

6) He got out of his car to check the tire…

7) In the mean while someone picked up his laptop from passenger sit (next to driver) as the window of the passenger seat was open

8) After checking the tier, which was actually in normal condition he came back in car…..

9) After traveling 2-3 hundred meters he realized, his laptop was not there…and then he filed FIR against the unknown person

Based on the above facts, can he get the insurance for the lost laptop????

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7 Replies

AEJAZ AHMED (Legal Consultant/Lawyer) 17 January 2009

Dear Amit,

Exactly he can claim for the " INSURANCE" for his Stolen Laptop.

But what about the "COMPLAINT" which you registered with the Concerned Police, is it Registered as "FIR".

If your complaint is Registered as "FIR", then you can proceed for the "Insurance Claim"

Sanjeev Tewatia (Advocate) 17 January 2009

Yes Mr. Aejaz saying right first you lodge the F.I. R. and see at that time police lodge the F.I.R. not D.D. ok

Pankaj Rai (Lawyer) 18 January 2009

Dear, if F.I.R. registerd after investigation ,if area police filed charge sheet or final report regarging that stolen LapTop , after that insurance company may give insurance money.

Pankaj Rai (Lawyer) 18 January 2009

With- out lodging F.I.R. you can not claim insurance money.

amit (Legal Counsel) 20 January 2009

THANK YOU ALL FOR YOUR REPLY.... HE LODGED FIR... AFTER POLICE INVESTIGATION

BUT MY ONLY POINT OF CONCERN IS, INSURANCE CO. SHOULD NOT TAKE A STAND SAYING THAT, THERE SHOULD BE DUE CARE OF THE PRODUCT WHICH IS INSURED, AND I FEEL.... THERE IS NOT DUE CARE FROM MY FRIEND'S PART....

CAN YOU TELL ME, WHAT ARE THE POINTS WHICH INSURANCE CO. CAN RAISE TO DENY THE CLAIM...

Sanjeev Tewatia (Advocate) 21 January 2009

If they denied th eclaim then filed a case in consumer forum against them or also be filed a claim in ombusdman / IRDA

sanjay singh thakur (advocate) 08 February 2009

Dear Amit

Your friend will definitely get back his insurance claim as he has already lodged an FIR. So far grounds to be taken by the Insurance Company is concerned their main ground will be lack of care. Moreover, in practice Insurance claim is not settled without lodging case. Hence file a consumer case in the District Consumer forum. I strongly believe that your friend will get because there are several jugement which will help you. This is because instead of taking in the fashion mentioned by you insurer will have to settle the claim even in a case of snatching.