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C. VISWANATH, RAM SURAT RAM MAURYA
Bird Information System Private Ltd. – Appellant
Versus
National Insurance Company Ltd. – Respondent
ORDER
Heard Mr. Sukumar Pattjoshi, Senior Advocate, assisted by Mr. Virender Mehta, Advocate, for the complainant and Mr. Abhishek Kumar, Advocate, for the opposite parties.
2. M/s. Bird Information System Private Limited has filed above complaint for directing M/s. National Insurance Company Limited to pay Rs.66170000/- with interest @ 18% per annum, from 22.09.2006 till its payment i.e. the insurance claim and any other relief, which is deemed fit and proper, in the facts and circumstances of the case.
3. The facts, as stated in the complaint and emerged from the documents attached with the complaint, are as follows:-
(a) The complainant was a company, registered on 19.05.1999, under the Companies Act, 1956. Main objects of the company were (i) to act as consultants, advisor to airlines, travel agents and to supply infrastructure, technology and marketing global image to travel agents, (ii) to operate, establish and manage the activities of BPO delivery centres, network operation centres, telemarketing, call centres, consumer services, information technology enabled services including consultancy, training, design, development, sales, support, analysis, programming, implementati
Insurance Policy, viz; Standard Fire & Special Peril Insurance Policy – Repudiation of claim not justified – Complainant is Consumer as he filed claim for recovery of amount assessed by surveyor.
(1) Declaration made by Opponent no.1 that insurance policy issued by Opponent no.1 is void-ab-initio is illegal.(2) Only the insurance policy given by Opponent no.1 to complainant will come into exi....
Insurer's repudiation of claim based on non-disclosure of prior claims was illegal, as warranties were not binding and material facts were not concealed.
(1) Suppressions of Material Fact – After two years have elapsed the Insurance Policy cannot be called into question on the ground that the statement made in the proposal form or in any other documen....
Insurance companies must provide substantial proof when denying claims; unjust repudiation leads to enforceable obligations to pay agreed amounts.
Consumer claims under insurance policies must adhere strictly to stated terms, and failure to understand these terms does not equate to negligence by the insurer.
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