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2020 Supreme(SC) 70

N.V.RAMANA, R.SUBHASH REDDY, B.R.GAVAI
GURSHINDER SINGH – Appellant
Versus
SHRIRAM GENERAL INSURANCE CO. LTD. – Respondent


Advocates Appeared:
For the Petitioner(s):Karan Dewan, Rahul Gupta, Advocates
For the Respondent(s):Praveen Swarup, Advocates

JUDGMENT

B.R. GAVAI, J.

Leave granted.

2. Noticing that there is a conflict between the decisions of the Bench of the two Judges of this Court in Om Prakash vs. Reliance General Insurance & Anr., Civil Appeal No.15611/ 2017 decided on 04.10.2017 and in the case of Oriental Insurance Co. Ltd. vs. Parvesh Chander Chadha, Civil Appeal No.6739/ 2010 decided on 17.08.2010; 2009 (1) CLT 552] on the question, as to whether delay in informing the occurrence of the theft of the vehicle to the insurance company, though the FIR was registered immediately, would disentitle the claimant of the insurance claim. The Bench of two Judges of this Court vide Order dated 09.01.2018 has referred the matter to a three­Judge Bench.

3. The appellant had got his tractor insured with the respondent(s) on 19.06.2010. On 28.10.2010, the tractor was stolen and an FIR was lodged on the same day. However, the claim was submitted to the respondent(s) on 15.12.2010. It was rejected on the ground that intimation was given belatedly after 52 days. The appellant herein, therefore, approached the District Consumer Disputes Redressal Forum, Jalandhar, Punjab, (hereinafter referred to as the “District Forum”) vide Complain


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