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T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
New India Assurance Company Limited – Appellant
Versus
Bhabani Nayak – Respondent
JUDGMENT :
1. This intra court appeal by the New India Assurance Company Limited is directed against the order dated 19th February, 2024 in WPA 26994 of 2017.
2. The writ petition was filed by a widow of a person, who had availed a group insurance policy, called Janata Personal Accident Policy. The policy certificate was issued on 8th January, 2000 for a period of 15 years which was to expire on 7th January, 2015. Unfortunately, the insured person died on account of an accident on 7.4.2010 pursuant to which a claim was lodged by the widow of the deceased.
3. The appellant/insurance company sat tight on the said claim and did not consider the claim or reject the claim by passing a reasoned order.
4. The writ petitioner having waited patiently for several years was left with no other option to approach the learned writ court in the year 2017 and filed the writ petition.
5. The writ petition was heard elaborately and the learned Single Bench has allowed the writ petition directing the appellant/insurance company to entertain and decide the claim of the writ petitioner on its own merit and release the amount along with interest at the rate applicable to a savings account in a nationalized b
The court affirmed that an insurance company cannot contest a claim based on the insured's status after significant delay and emphasized the need for timely processing of claims.
Delay has been caused only due to the acts of omission committed by the appellant. The applicant/appellant is not a rustic litigant, but an Insurance Company.
The need for documented proof establishing a direct nexus between the accident/injury and the death of the insured employee in insurance claim cases.
An insurance policy lapses if the premium is not paid within the grace period; revivals after the insured's death are impermissible under contract terms.
The Pravasi Bharatiya Bima Yojana, 2017, is a statutory welfare scheme, allowing judicial review of insurance claims despite delays in intimation, emphasizing the protection of emigrant workers' righ....
A lapsed insurance policy cannot be revived post-death, and the Insurance Ombudsman lacks authority to bypass contract terms based on equity.
Point of Law : LPA is 916 days and as such the consideration to condone can be made only if there is reasonable explanation and the condonation cannot be merely because the appellant is public body. ....
The main legal point established in the judgment is the requirement of 'sufficient cause' for condoning delay in filing appeals under Section 173 of the Motor Vehicles Act, 1988.
Inordinate delays in filing appeals by statutory authorities cannot be condoned solely based on the merits of the case, and the reasons for delay must be sufficient and satisfactory.
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