Driver's negligence can lead to owner's claim rejection

Failure to safeguard the vehicle constitutes a breach of the terms and conditions of the policy and absolves the insurer of liability to compensate

Astha Cement, a private limited company, owned a truck. It was insured with Bajaj Allianz General Insurance for the period March 30, 2010, to March 29, 2011.

While on a trip on the night of December 29, 2010, the driver parked the truck outside a dhaba and went in for dinner. After finishing his meal, when he came out, he could not find the truck. So, he lodged a first information report (FIR) with the police. The insurer was also intimated about the missing vehicle.

The owners, Astha Cement (the insured), lodged a claim as the truck could not be traced. The