Legal notice to insurance company for claim of stolen vehicle

Legal notice to insurance company for claim of stolen vehicle | claim stolen vehicle | notice to insurance company |

Name of Advocate                                                                    Mob. No.

Seat No.

Distt. Courts ________.

______________________________________________

Ref. No….                                                     Dated

                              Registered A.D.       

                                   Legal Notice  

To,

M/s THE ORIENTAL INSURANCE COMPANY LIMITED, Neelam Chowk, NIT,

Through its Divisional Manager

 

Sir,

 

 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 Truck bearing its Registration No. RJ-___________, Chassis No. _____________, Engine No. ______________ Model 2007. The said vehicle was got insured by my client with your insurance company vide insurance Policy bearing its Cover Note No. _________ dated _______ valid w.e.f. ________ to ________ 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 cover Note to 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 plied by __________________ driver. On __________ at about 8.00 AM the driver of my client cleared the account before my client and at about 12.00 Noon the driver of my client was going in the above said truck towards Agra UP side. When the driver of my client reached at brick kiln situated within the area of Police Station __________ then they stopped the vehicle for checking the air pressure of tyres and they checked the air of the truck and after parking the vehicle in the side they went to attend the natural call. After just a while they heard the voice of starting of the vehicle and after cleaning their hands when they saw towards the vehicle then they saw that some unknown person stolen away and ran away with the vehicle from the spot. The driver told my client regarding the said incident. My client thoroughly searched his vehicle but he could not trace out his vehicle Truck No. RJ___________. 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 Truck No. RJ-_________against unknown thief.

 

4-    That just after the theft of the said vehicle my client intimated you and also submitted/furnished the copy of the FIR and other relevant documents in your office regarding the theft of the said vehicle.  

 

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 Illaka Magistrate, ____________ regarding the theft of Truck bearing its Registration No. RJ-__________. My client obtained the copy of the same and deposited 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 officer.  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. 12,25,000/- to my client very soon.

 

7-       That my client contacted you several times and visited your office various times and requested you the Noticee 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 when no intimation regarding the claim was received from your office then my client had personally went to your office on dated ______and my client met with you Noticee and you told my said client that processing of the claim would take another six months.

 

10-          That thereafter my client has been running pillar to post and has been meeting number of officials from top to bottom in your office but his matter has been put on hold on lame excuses and the claim has not yet been passed.

 

11-          That my client on dated _________ again went to your office to enquire about his claim and this time he has been flatly told by your officers that his claim has been rejected even though nothing in written has been given to him till date without any reason and rhyme. 

 

12-          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 son as, but you are trying to escape from your duty and liability. 

 

13-          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 to my client you have caused mental agony, harassment for which my client claims the amount of Rs.5,00,000/- as compensation for causing mental agony and harassment and amount of Rs. 12,25,000/- 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. 12,25,000/- as insurance claim amount of the stolen vehicle Truck bearing its Registration No. RJ-__________ and pay the compensation of Rs. 5,00,000/- 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. 2200/- 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.

 

            Signature of my client            

 

                       Name & Signature of Advocate