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PAMIDIGHANTAM SRI NARASIMHA, SANDEEP MEHTA
Rajesh Kumar – Appellant
Versus
National Insurance Co. Ltd. – Respondent
JUDGMENT
PAMIDIGHANTAM SRI NARASIMHA, J.
1. Leave granted.
2. The present appeals challenge the order dated 16.07.2019 in Revision Petition Nos. 878-879/2019 passed by the National Consumer Disputes Redressal Commission [Hereinafter, referred to as the ‘National Commission’], which had allowed the respondent’s appeal and reduced the amount of payable insurance. The appellant here is the consumer who sought that the respondent-insurer release the entire insurance amount in his favour. The District Consumer Disputes Redressal Commission [Hereinafter, referred to as the ‘District Commission’] had allowed the complaint partly, whereas the State Consumer Disputes Redressal Commission [Hereinafter, referred to as the ‘State Commission’] modified it and allowed the complaint in full. The respondent then approached the National Commission, resulting in the impugned order. The brief facts required for the disposal of these appeals are as follows.
3. The appellant had purchased a Private Car Insurance Policy bearing Policy No. 420503/31/12/6100000851 from the respondent for a vehicle he owned. This policy was applicable for the period 02.07.2012 to 01.07.2013 and it served to compensate the appe
(1) National Commission cannot interfere with pure finding of fact arrived at by District and State Commissions while exercising revisional jurisdiction.(2) Delay may be condoned if it is properly ex....
(1) Review – The power of National Commission to review under Section 21 of the Act is therefore, limited to cases where some prima facie error appears in the impugned order.(2) Error – It is evident....
Revisional Jurisdiction of NC – Concurrent findings given by Forum & State Commission : No illegality or material irregularity: NC has no jurisdiction to interfere with concurrent findings recorded b....
The burden of proof lies with the insurer to justify claim repudiation, and lack of supporting evidence leads to a judgment in favor of the claimant.
(1) Limited Scope of Revisional Jurisdiction – The NCDRC, under Section 21(b) of the 1986 Act (pari materia to Section 58(1)(b) of the 2019 Act), cannot act as a second court of appeal. It cannot int....
The key legal principle established was that the insurance cover could not commence without the acceptance of the application form by the insurance company, and the insurance company was liable to re....
Goods Vehicle Insurance – Insured cannot be given amount beyond agreed Insured Declared Value (IDV) under Insurance Policy.
(1) Insurance is contract and nothing shall be presumed which is written down in the contract.(2) Jurisdiction conferred on National Commission under Section 21 (b) of Act has been transgressed
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