LEGAL NOTICE

Reference no. A/1308/22

August 13, 2022

To,
ICICI Lombard
Phone No. – 9311447114, 8882220665
Address – 414, Veer Savarkar Marg
Near siddhi Vinayak temple
Prabhadevi Mumbai,
……Receiver / Noticee

From,
Mr. Vinod toshniwal
Phone No. – 9425055545,
Address – H No. 100. Mahatma
Gandhi Marg
Indore
Madhya Pradesh 452001
Mobile Number: 9896673422
……Sender / My Client

Subject: LEGAL NOTICE Demanding COMPENSATION FOR THE DAMAGE

TO THE CAR OF THE SENDER

Dear Sir / Ma’am,

This is to inform you on behalf and under the instructions of my client

Mr. Vinod Toshniwal:-

1. That, unless otherwise provided in this Legal Notice, the term “You”
shall be deemed to denote you the Notice mentioned hereinabove,
and the term “My client” shall mean the Sender mentioned
hereinabove.

2. That My client is a citizen of India and Has a Permeant Resident

in Indore Madhya Pradesh by birth. That my client the notice

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 provider has purchased the ertiga ZDI car from the Maruti Suzuki
showroom with the vehicle number MP-09-CM-460.

3. That the statement of facts accompanying Claim Petition has been

drafted under my instructions and the contents thereof, except the
legal averments contained therein, are true and correct to the best
of my knowledge and belief. The legal averments contained therein
are true and correct on the basis of the legal advice received by me
and believed by me to be true tree and correct. The contents of the
Petition not being repeated over here for the sake of brevity and to
avoid prolixity.

4. That My client is a regular insurance payer

5. That my client is registered owner of the vehicle bearing its

Registration No. RJ- MP-09-CM-4601, Chassis
No.MA3FLEB1S00146856, Engine NoD13A1998176.Model Eritiga
ZDI. The said vehicle was got insured by my client with your
insurance company vide insurance Policy bearing its Policy Number
Being 0157906165.valid w.e.f. Jan 16-2022 to Jan 15-2023 covering
all type of risks therein.

6. That my client on driving the vehicle out of nowhere the vehicle

caught fire the details of the vehicle are mentioned herewith,
a. Vehicle number : MP-09-CM-4601;
b. Vehicle Model : Eritiga ZDI;
c. Chassis No.MA3FLEB1S00146856;
d. Policy Number : 0157906165;
e. Period: Jan 16-2022 to Jan 15 2023(Midnight)

7. That, The facts are as mentioned herewith, My client is a Reputed

person and while driving his vehicle(Ertiga/ ZDI ) the vehicle was
caught by fire out of nowhere though no causalities occurred
during the incident

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8. That the FIR(First Information Report) was registered at the police
station of Malharganj Indore on the same day of incident by the
owner of the vehicle and proper investigation has been done by the
officer in charge of that police station.

9. That My client claimed the insurance from your company i.e. ICICI
Lombard after the incident and in response the claim wasn’t
rewarded by you

10. That On July 14th 2022 on receiving the notice from you i.e. the
Noticee That my client submitted all the required documents which
were asked by you and were required which includes A copy of
F.I.R(First Information Report), Fire Brigadiers Report including the
repair invoice as well as the copy of repair work before the occurring
of incident.

11. That My client did not received the claim and received the notice
from you i.e. the Noticiee which says that the • Electrical accessories
i.e. unauthorized fitting in electrical system is not recommended by
manufacturer as this type of unauthorized patching are prone to
short circuit and in turn causes fire and for that reason my client
did not received the claim from your company

12. That, through this Legal Notice you are advised and ordered to pay
the followings:-

a. Amount for the claim as mentioned

a. Rs. 11,000/- towards charges for the present Legal Notice and for
the other miscellaneous expenditures incidental to this Legal
Notice.

13. That you being the insurer of the above mentioned vehicle of my
said client and the above said vehicle has been caught by fire 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, but you are trying to escape from your
duty and liability by stating false reasons

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14. That due to your act and conduct, deficient and negligent service
for not making the payment of the claimed amount of the above said
vehicle to my client you have caused mental agony, harassment for
which my client claims the amount of Rs.5000/- as compensation
for causing mental agony and harassment and amount of Rs. 5000/-
as insurance claim for damage 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.

15. I, therefore, call upon you through this notice to make the
payment of Rs. 12,25,000/- as insurance claim amount of the
vehicle Car bearing its Registration No. RJ MP-09-CM-4601 and pay
the compensation of Rs. 5000/- 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 11000/- 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.

16. That, the bank details of my client is already with you, anyway, the
same can be again disclosed to you on receiving call / message
from your side.

17. That, if for any reason whatsoever, you failed to transfer the
aforementioned accumulated amount of Rs. 34,361.36/- (Thirty-
Four Thousands, Three Hundred, Sixty-one Rupees and Thirty-six
Paisa only) to my client within 15 days from the date of receiving
of Legal Notice, my client will be left with no other option than to
approach the appropriate Judicial or Quasi-judicial Authorities
and to lodge a FIR (First Information Report) for ‘Criminal Breach
of Trust’ and ‘Cheating’ against you.

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18. That, in addition to that, my Client will also be at liberty to
approach the Civil Court for the recovery of the aforesaid amount
in addition to an Exemplary Compensation for the Material Breach
of Contract, Mental and Financial agony and for the loss of
Goodwill, which my Client is foregoing at the present stage.

19. That, it shall be noted that the Jurisdiction of both Criminal as

well as the Civil cases will be at Indore, M.P.

All future communication to my client by you is expected to be in

writing to her along with a copy to me at Chamber no. 01, Advocates’
Chambers, High Court of Madhya Pradesh, Bench at Indore, M.P., Pin
– 452001 and where such communication is to be made through an e-
mail, you are directed to mail it at advbhaveshtiwari@gmail.com.

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Thus, I hereby provide you with the present Legal Notice on behalf of My Client
in the aforementioned facts with the afforested conditions. Kindly note the
same.

---------------------------

BHAVESH TIWARI

Advocate & Arbitrator

Legum Magister

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