legal notice to insurance company for claim of stolen vehicle

legal notice to insurance company for claim of stolen vehicle | legal notice to insurance company for rejecting claim | repudiation of claim by insurance company| Format of legal notice to insurance Company

Name of Advocate,                                                    Mobile No.            

Chamber No. ____,  

Lawyers Chamber Building,

District Courts, ______________.    

________________________________________________________

 

Ref. No….                                               Dated

                       Registered A.D.

                         Legal Notice 

To,

1-         M/S IFFCO TOKIYO GENERAL INSURANCE COMPANY LIMITED,

SCO No.2 1^st Floor, Special HUDA Market, Sector –19,

Faridabad near Amar Tex Show Room through its Manger

 

2-     M/S IFFCO TOKIYO GENERAL INSURANCE COMPANY LIMITED,

        Registered Office : IFFCO Sadan, C-1, District Center

        Saket New Delhi -110017 through its MD/Director/Manager

Sirs,

             Under instruction and on behalf of my client Mr. _________________________________, I  do hereby serve you with the following notice: -

1-    That my client is registered owner of the vehicle Haiwa Dumper bearing its Registration No. HR-_________, Chassis No. MAT448099BAG______, Engine No. 11F6315_______, Model 2011. The said vehicle was got insured by my client with your insurance company vide insurance Policy bearing its No. ________ Dated __________ valid w.e.f. _______ to midnight of _______ covering all type of risks therein. As per your insurance policy the said vehicle was got insured for the insured amount of Rs. _________/-. My client paid the premium of Rs. __________/- of the said insurance Policy you on _________.

2-     That at the time of issuance of the above said insurance policy, you had assured my client that you would pass insurance claim and make the payment of the claimed amount immediately if the said vehicle will meet with accident or will be stolen at any point of time within the validity period of insurance Policy. 

3-    That the said truck of my client was being driven by Azad driver of my client. On 14-12-2014 the said Dumper of my client was ferrying building material in Haiwa Dumper No. HR-__________ to KRC Plot in B.P.T.P. Area, Greater Noida. The driver of the Dumper parked the Haiwa Dumper No. HR-________ parallel to the Canal Road at vacant place and went to attend the natural call.  When the driver of my client after attending the natural call came to the place where Haiwa Dumper No. HR-_________ was parked then he found that Haiwa Dumper No. HR-____________ was missing from the place of parking  and some unknown person had stolen the same. The driver of the Dumper informed my client and my client informed to the Police Control Room regarding theft of the said vehicle. Thereafter my client thoroughly searched his vehicle but he could not trace out his vehicle Haiwa Dumper No. HR-__________. On the statement of my client the FIR No. _____ dated _______ Under Section 379 IPC was registered in the Police Station _________regarding the theft of the said Haiwa Dumper No. HR-_______ against unknown thief.

4-     That just after the theft of the said vehicle my client intimated you the Noticees by calling at your 24x7 hours call centre and also intimated your local and Delhi office by personally visiting and thereafter as per your advise he waited for the police to carry on the investigation.

5-      That the police of P.S. ______ investigated the case but neither the vehicle nor the criminals/thieves could be arrested /recovered and finally the police has submitted the Challan /Untraced report Under section 173 Cr. P.C. on dated ___________ before the court of Shri _________ CJM, _________ regarding the theft of Haiwa Dumper bearing its Registration No. HR-_______. My client obtained the copy of the same and submitted the same in your office.

6-    That as suggested by you my client also filed/deposited the claim form along with the concerned documents of the said vehicle i.e. R.C., Driving License & insurance policy, copy of FIR, Untraced report in your office.  At the time of tendering the said documents you Noticee assured my client that you would make the payment of the insured amount i.e. Rs. ___________/- to my client very soon.

7-   That my client contacted you several times and visited your office various times and requested you the Noticees to make the payment of the insured amount to my said client but you avoided to make the payment of the insured amount to my client.

8-    That my client again and again approached and requested you Noticee to make the payment of the claimed amount and you assured my client and told that you the Noticee has send all the documents to your head office and my client would get the amount of insurance in the month of _______.

9-     That suddenly you the Noticees send the letter dated _______ to my client by which you have intimated my client that “We regret to inform you that the subject claim is not tenable under the policy and we are filing the papers as “No Claim” thereby you have repudiated the claim of my client.

10-   That as per your repudiation letter dated _________you have cited two reasons i.e. that my client had already taken a claim on the previous policy and had claimed No Claim Bonus (NCB) on the current Policy issued by your office and secondly that the information of the theft was given to your office after a delay of 7 days. In this regard it is submitted that my client has never taken any claim on the previous policy because during the process of the previous claim, the vehicle of my client was already traced and he had received the vehicle back, therefore, the question of taking a claim on previous insurance policy does not arise. It is further submitted that my client had immediately informed/intimated by calling at your call centre on _____________itself by calling at your call center about the theft of his vehicle  and he visited your local and Delhi office on ___________ itself and he apprised the concerned officials about the factum of theft of his vehicle and as per the advise tendered to him by your office he waited for the police to investigate the matter and as soon was he received the untrace report he submitted the same along with all the documents with a proper claim form to your office. It is submitted that the grounds taken by you to repudiate the claim of my client are all false, bogus, fictitious and flimsy.      

11-  That you being the insurer of the above mentioned vehicle of my said client and the above said vehicle has been stolen in the validity period of insurance policy hence you are duty bound to pay the insurance claim as per the terms and conditions of the said policy to my client as soon as possible, but you are trying to escape from your duty and liability. 

12-  That due to your act and conduct, deficient and negligent service for not making the payment of the claimed amount of the above said stolen vehicle i.e. Rs. __________/- to my client you have caused mental agony, harassment for which my client claims the amount of Rs. 2,00,000/- as compensation for causing mental agony and harassment and amount of Rs. __________/- as insurance claim for theft of the above said vehicle  along with interest @ 24% per annum thereon from the date of incident for which you are legally bound to pay the same to my said client. 

                               I, therefore, call upon you through this notice to make the payment of Rs. ________/- as insurance claim amount of the stolen vehicle Haiwa Dumper bearing its Registration No. HR-_______ and also pay the compensation of Rs. 2,00,000/- for causing mental agony, harassment due to your act and conduct along with interest @ 24% per annum thereon from the date of incident till the day actual payment due to deficient service on your part, to my said client and pay Rs. 5,500/- as charges of this notice to my client, within the period of 15 days from the date of receipt of this legal Notice, failing which my client has given me clear instructions to file appropriate proceedings against you in the competent court of law and in that event you will be fully responsible for all costs, risks, responsibilities, expenses and consequences thereof. Please note well.    A copy of this notice is kept intact in my office for record and further necessary action and.

                                                                Name & Signature of Adv.