In a significant ruling, a consumer court has directed Bajaj Allianz to pay ₹1.05 lakh to a drugged and robbed e-rickshaw driver from Noida, after finding the insurer guilty of deficiency in service.
The order came after the company rejected the driver’s insurance claim, citing a delay in the filing of the police complaint.
Driver Drugged by Passengers, E-Rickshaw Stolen
The complainant, Mohammad Israr, had purchased the e-rickshaw for Rs 1.05 lakh in February 2020 and insured it with Bajaj Allianz for one year by paying a premium of Rs 7,000.
According to the complaint, the incident took place on July 6, 2020, when Israr was ferrying passengers between Sector 18 Metro Station and Baraula.
The passengers allegedly made him smell a handkerchief laced with chloroform, causing him to lose consciousness. The accused then abandoned him on the roadside and fled with the e-rickshaw.
A police officer later noticed him and informed his family, after which he was taken home.
FIR Delay Due to Jurisdiction Dispute
When Israr regained consciousness nearly 36 hours later, he attempted to register a police complaint.
However, he faced difficulties because police stations cited jurisdiction issues. Officials from Sector 49 Police Station, Sector 20 Police Station, and Sector 39 Police Station initially refused to register the case.
The FIR was eventually registered on July 16, 2020, after intervention by an assistant commissioner of police.
Insurance Claim Rejected by Company
Three days after the FIR was filed, Israr informed the insurance company about the theft. Although the company initially sent an inspector to collect documents, the claim was later rejected.
The insurer argued that the 10-day delay in filing the FIR violated the terms of the insurance policy.
Consumer Court Rules in Driver’s Favour
Israr approached the consumer forum in April 2022 seeking justice. After hearing both sides, the bench comprising Anil Kumar Pundir and Anju Sharma ruled that the driver had provided a valid explanation for the delay.
The court held the insurer responsible for deficiency in service and directed Bajaj Allianz to:
●Pay Rs 1.05 lakh as the insured amount
●Provide 6% annual interest from the date of filing the complaint
●Pay Rs 5,000 as litigation costs
The court ordered the company to settle the payment within 30 days.
Important Message for Insurance Consumers
The case highlights the challenges faced by ordinary citizens in filing police complaints and claiming insurance benefits.
Legal experts say the ruling reinforces the principle that genuine claims should not be rejected solely on technical grounds when delays occur due to circumstances beyond the claimant’s control.
