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SUBHASH CHANDRA, J. RAJENDRA
Sadhna Agrawal – Appellant
Versus
United India Insurance Company Limited – Respondent
ORDER
AVM J. Rajendra, AVSM, VSM (Retd.), Member—The present First Appeal has been filed under Section 19 of the Consumer Protection Act, 1986 (hereinafter referred to as “the Act”) against the Order dated 03.06.2019 passed by the learned State Consumer Disputes Redressal Commission, Raipur, Chhattisgarh (hereinafter to be referred to as “the State Commission”), in Consumer Complaint No. 8 of 2019, wherein the Complaint filed by the Complainant (Appellant herein) was dismissed.
2. There was a delay of 14 days in filing the Appeal No. 1740 of 2019 by the Appellant. For the reasons stated in the Application of condonation of delay, the delay is condoned.
3. For the sake of Convenience, the parties in the present matter being referred to as mentioned in the Complaint before the State Commission. “Smt. Sadhna Agrawal” is identified as the Complainant who is wife of the insured policy holder Late Shri Pradeep Kumar Agrawal (since deceased). “United India Insurance Co. Ltd.” is referred to as the Opposite Party/Insurer (OP in short) in this matter.
4. Brief relevant facts of the case are that the Complainant’s late husband, Shri PK Agrawal, was issued a Group Personal Accident Policy No.
Insurers must verify driving licenses before issuing policies; failure to do so prevents them from repudiating claims based on license validity.
Burden of Proof – The court cannot lay down any criteria as to how said burden would be discharged, inasmuch as the same would depend upon the facts and circumstance of each case.
(1) Failed to discharge the services – The insurer failed to discharge its service obligations by rejecting a genuine claim based on a Chemical Analysis report showing alcohol presence, while ignorin....
An insurance company is not liable to indemnify an owner-driver for injuries sustained due to their own negligence under a standard third-party motor insurance policy, as such policies only cover thi....
The onus to prove breach of policy conditions is on the insurer, and the scope of coverage under the insurance policy for personal accidental risk is determined by the terms of the contract of insura....
Insurance companies cannot evade liability for third-party claims solely due to a driver’s lack of valid license; they must prove the owner's negligence to avoid statutory obligations.
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