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In his complaint, Satinder Kumar stated that in November 2009, his car was stolen near Ludhiana when the driver left the key in the ignition and got down briefly to answer the call of nature. Earlier during the journey, the driver had given lift to three boys who claimed to be studying in a Chandigarh college.
The insurance company repudiated the claim on the ground that the driver had not taken sufficient care to safeguard the vehicle.
The insurance company also claimed that there was a loss of ten days in informing them of the theft.
However, Satinder Kumar produced evidence to support his claim that the police and the insurance company had been informed of the loss of vehicle immediately.
After considering the case, the Forum held that the driver was not expected to carry the keys of the vehicle while going to answer the call of nature, particularly when the car was within his sight.
In this light, the Forum directed the insurance company to pay Rs 2.75 lakh to Satinder Kumar as the insurance claim, along with Rs 7,000 as cost of litigation.


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