InsuredJainendra Kumar
InsurerShriram General Insurance
AmountRs 4,50,000, the declared value of the truck
The ground relied onBreach of the condition requiring prompt notice; that the FIR named criminal breach of trust, which the policy did not cover; and that the FIR itself was two months late.
What happenedThe claim was paid, with six per cent interest from December 2013 and Rs 5,000 costs. The revision petition was dismissed.
HeldDelay is answerable, and it is not answerable forever. What saved this one was that the delay could be explained: the owner had been searching for the vehicle and the police had refused to register the FIR. The Commission followed Om Prakash v Reliance General (2018) and Gurshinder Singh v Shriram General (2020), which allow a delay that is explained and not one that merely happened.
Source: The order, on Indian Kanoon