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SANJEEV NARULA
Nuraisha khatoon – Appellant
Versus
Iffco Tokio General Insurance Co. Ltd. – Respondent
JUDGMENT :
SANJEEV NARULA, J.
1. The present writ petitions raise common grounds of challenge and emerge from similar set of facts. Accordingly, the same are being disposed of by way of a common order.
2. Notwithstanding the commonalities, the specific details of each case warrant individual attention, as the claims of each Petitioner arise from separate insurance policies and involve distinct facts, such as the duration of the policy, the date of the accident and the date of claim intimation. These specific facts, are tabulated below as follows:
| Relevant Facts | W.P. (C) No. 7552 of 2022 Aisha Khatoon v. ITGI & Ors. | W.P. (C) No. 7516 of 2022 Nuraisha Khatoon v. ITGI & Ors. | W.P. (C) 11074 of 2023 Smt. Lutfa Bibi v. ITGI & Ors. |
| PBBY Policy No. | 1431648 | 30165210 | 30134291 |
| Duration of Policy | 27.11.2013 to 26.11.2015 | 08.01.2015 to 07.01.2017 | 30.12.2014 to 29.12.2016 |
| Date of Accident | 11.06.2015 | 29.01.2016 | 29.02.2016 |
| Date of Claim Intimation | 07.04.2018 | 12.12.2018 | 10.09.2018 |
| Delay in Claim Intimation | 2 years 10 months | 2 years 11 months | 2 years |
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....
Writ petitions related to insurance claims involving factual disputes are not maintainable under Article 226 of the Constitution, mandating civil adjudication instead.
The court ruled that an insurance claim cannot be repudiated on misinterpretations of theft and abandonment, emphasizing the need for valid grounds for repudiation.
The payment of prior premium is a Sine qua non of coming into force of any contract of insurance between the insured and insurer, and the State Government's insistence on making payment to the farmer....
Point of law: While dealing with the present appeal, one has to bear in mind that a intra-Court appeal is really not a statutory appeal preferred against the judgment and order of an inferior to the ....
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 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.
A lapsed insurance policy cannot be revived post-death, and the Insurance Ombudsman lacks authority to bypass contract terms based on equity.
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