B. V. NAGARATHNA, SATISH CHANDRA SHARMA
Mahaveer Sharma – Appellant
Versus
Exide Life Insurance Company Limited – Respondent
JUDGMENT :
(Satish Chandra Sharma, J.)
1. Leave Granted.
2. The present appeal is arising out of order dated 28.05.2019 passed by the National Consumer Disputes Redressal Commission, New Delhi, (for short, “the National Commission”) in First Appeal No. 1963 of 2018 dismissing the appeal preferred by the present appellant against the order dated 27.09.2018 passed by the Consumer Disputes Redressal Commission, Rajasthan, Jaipur (for short, the “State Commission”) by which the claim of the present appellant was rejected on account of suppression of material facts.
3. The facts of the case reveal that the father of the appellant – Ramkaran Sharma had obtained an insurance policy from the respondent – Exide Life Insurance Co. Ltd. on 09.06.2014 and unfortunately, died in an accident on 19.08.2015. The present appellant being the son of late Ramkaran Sharma submitted a claim for payment of benefits under the policy; however, the said claim was repudiated vide letter dated 03.03.2016. The claim was repudiated on the ground that there was material suppression by the father of the appellant while applying for insurance policy and respondents have relied upon the terms and conditions of Exide Li
Reliance Life Insurance Co. Ltd. & Anr. V. Rekhaben Nareshbhai Rathod
Satwant Kaur Sandhu v. New India Assurance Co. Ltd.
Mahakali Sujatha v. Branch Manager, Future Generali India Life Insurance Company Limited & Another
Manmohan Nanda v. United India Assurance Company Limited & Another
[No cases identified as bad law. None of the case laws contain keywords or phrases indicating they have been overruled, reversed, abrogated, or otherwise treated as bad law.]
Mahakali Sujatha VS Branch Manager, Future Generali India Life Insurance Company Limited - 2024 3 Supreme 657: No keywords or phrases (e.g., "followed," "distinguished," "overruled") indicate any judicial treatment by subsequent decisions. The text describes legal principles on burden of proof in insurance claims but provides no treatment information.
Reliance Life Insurance Co Ltd. VS Rekhaben Nareshbhai Rathod - 2020 5 Supreme 517: No keywords or phrases indicate judicial treatment. The text outlines principles on utmost good faith and material facts in insurance contracts but provides no treatment information.
Satwant Kaur Sandhu VS New India Assurance Company Ltd. - 2009 5 Supreme 523: No keywords or phrases indicate judicial treatment. The text states a principle on non-disclosure justifying repudiation but provides no treatment information.
[No cases. All cases have clearly no indicated treatment based on the absence of any relevant keywords or phrases in the provided list.]
Insurance – Materiality of a certain fact is to be determined on a case-to-case basis – However, burden of proving fact which excludes liability of Insurer to pay compensation lies on Insurer alone a....
1) Per Sec. 45 of Insurance Act, claim can be repudiated, if it is proved that the assured knowingly and fraudulently suppressed the material facts.2) Contractual duty so imposed on the Insured is su....
The main legal point established in the judgment is that the suppression of material information regarding health condition can only lead to the repudiation of an insurance claim if the cause of deat....
Insurers have the right to repudiate life insurance policies for suppression of material facts, emphasizing the duty of utmost good faith in insurance contracts.
The duty of the insured to disclose all material facts at the time of obtaining an insurance policy, the significance of material facts in influencing the decision of a prudent insurer, and the conse....
The duty of the proposer to disclose all material facts in the proposal form and the materiality of the non-disclosed information for the assessment of risk in insurance contracts.
Suppression of material facts by an insured can render an insurance claim voidable, impacting the insurer's liability.
(1) The “Three-Year Rule” (Section 45) – Under the amended Section 45, a policy cannot be questioned after three years from issuance or risk commencement on any ground.(2) Agent’s Responsibility – Th....
(1) Full Knowledge – DLA had the full knowledge of pre-existing ailments at the time of filling the proposal form and there was a nexus with preexisting disease and the cause(s) of death.(2) Proposal....
(1) Proposal form – In filling up the proposal form, the agent normally, ceases to act as agent of the insurer but becomes the agent of the insured and no agent can be assumed to have authority from ....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.