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No insurance claim for theft in the absence of violence or force

M/s. INDUSTRIAL PROMOTION & INVESTMENT CORPORATION OF ORISSA LTD. Versus NEW INDIA ASSURANCE COMPANY LTD. & ANR. The Supreme Court has ruled that a person or an entity can't seek compensation on insured goods if theft happened without violence. Citing a 2004 SC judgment, Justice Rao said, "In the absence of violence or force, the insured cannot claim indemnification against the insurance company. The terms of the policy have to be construed as it is and we cannot add or subtract something. Howsoever liberally we may construe the policy, we cannot take liberalism to the extent of substituting the words which are not intended. "...in common parlance, the term 'burglary' would mean theft but it has to be preceded with force or violence. If the element of force or violence is not present, then the insured cannot claim compensation."  The ruling came in case where an Odisha PSU had claimed insurance amount of Rs 34.40 lakh in addition to ...

Claim rejected for failing to safeguard vehicles

NCDRC has upheld the repudiation of claim by the insurance company in a case of theft of vehicle on the ground that respondent was not having valid driving licence at the time of incident and he had also not taken ignition keys of the car when he went for urination, hence violating the terms of policy. National Insurance Co. Ltd. v. Ram Singh Gurjar, 2015 SCC OnLine NCDRC 2291, decided on 18-9-2015