Gurshinder Singh v. Sriram General Insurance Co. Ltd.
2018-01-09
DEEPAK GUPTA, MADAN B.LOKUR
body2018
DigiLaw.ai
ORDER : 1. Learned counsel for the petitioner has relied upon a decision of a Bench of 2-Judges of this Court in Om Prakash Vs. Reliance General Insurance and Anr.(Civil Appeal No.15611 of 2017) decided on 4th October, 2017. In that case, the theft of the vehicle was reported to the police on the day after the theft occurred and intimation was sent to the insurance company about the theft much later. 2. This Court took the view that the delay in informing the insurance company would not debar the insured from getting the insurance claim. 3. Learned counsel for the respondent has relied upon a decision of a Bench of 2-Judges in Oriental Insurance Co. Ltd. Vs. Parvesh Chander Chadha [Civil Appeal No.6739 of 2010] decided on 17th August, 2010. 4. In that case, the theft of the vehicle took place between 18th January, 1995 and 20th January, 1995. The first information report was lodged on 20th January, 1995. The intimation was given to the insurance company after a gap of about 82 days. On the basis of delay in informing the insurance company, this Court accepted the contention of the insurance company that the claim deserved to be repudiated. 5. In view of the conflict of views expressed by two Benches of this Court consisting of two learned Judges each, we are of the opinion that the matter requires to be heard by a Bench of 3-learned Judges. The matter be placed before Hon'ble the Chief Justice of India for constituting a 3-Judge Bench to resolve the conflict. 6. In the meanwhile, as an interim measure, the insurance company will deposit 75% of the claimed amount in the Registry of this Court. 7. The amount be kept in a fixed deposit for a period of one year.