The apex consumer commission has dismissed a man's plea seeking insurance claim for his stolen truck, holding that there was "negligence" on the part of the driver who had left the vehicle "unlocked".
National Consumer Disputes Redressal Commission bench, presided by Justice J M Malik, dismissed the petition filed by Rajasthan resident Jagdish Prasad Bakshi who had sought insurance claim for his stolen truck, saying he has not come before it with clean hands.
"In case truck was locked, its key was not produced either before the police or before surveyor. The truck remained on spot unlocked for half an hour. Surveyor of the insurance company has reported that when the driver left for having tea, he left the key inside the truck. The complainant has not come to the court with clean hands," the bench, also comprising its member S M Kantikar, said.
The bench said it "is quite possible that driver may be working in cahoots with the thief".
It said the first and foremost duty of the driver was to produce the key before the police.
"However, the needful was not done. That is fatal. This clearly reveals negligence, inaction and passivity on the part of the driver," the commission said.
Bakshi had approached the apex consumer commission with his revision petition challenging an order passed by the Rajasthan State Consumer Disputes Redressal Commission which had dismissed his plea for insurance claim on the ground that the driver was negligent in taking care of the truck as he left the key inside the truck.
The driver of the truck had stopped the vehicle at 3 AM in front of a roadside eatery situated along a highway in Rajasthan. When the driver returned, he could not find the truck there. An FIR was lodged in which it was stated that the vehicle was locked.
When he approached the insurance company for the claim, his plea was rejected and he moved consumer forum seeking a direction to Oriental Insurance Company to pay him the insured amount.
