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AVM J. RAJENDRA
National Insurance Company Ltd. – Appellant
Versus
Premaji Babuji Oad – Respondent
ORDER
This Revision Petition is filed by the Petitioners/OPs/ Insurer under Section 21(b) of the Consumer Protection Act, 1986 (“the Act”) against the order dated 04.07.2022, passed by the learned Gujarat State Consumer Disputes Redressal Commission, Ahmedabad (‘the State Commission’) in FA No.378/2017 wherein the State Commission partly allowed the Appeal filed by the Respondent/ Complainant against the order dated 15.06.2017 passed by the District Consumer Disputes Redressal Forum, Ahmedabad (City), (‘the District Forum’) wherein the District Forum dismissed Complaint No.985/2013.
2. For convenience, the parties are referred to as placed in the original Complaint filed before the District Forum.
3. Brief facts of the case, as per the Complainant, are that he is owner of vehicle No.UP-66 E-9989 Tata IVA, and had taken the insurance from the Petitioners/OPs from 17.12.2011 to 16.12.2012. On 20.12.2011 vehicle was stolen and on 30.12.2011 complainant’s power of attorney holder’s son Mr. Ashwinbhai lodged a complaint in the Vejalpur Police Station and the vehicle was not found thereafter. On 15.02.2012 a claim was placed before the insurance company and the same was repudiated on 07.
Intimation – the delay in intimation to the Insurance Company as also the purported transfer of the vehicle to a third party by entering into a sale agreement is no more a factor for the insurer to d....
Insurance Policy – Theft – Delay in intimating theft of vehicle to insurance company – Insurance Company could not have repudiated the claim.
(1) Immediate Notice – The object behind giving immediate notice to the police appears to be that if the police is immediately informed about the theft or any criminal act, the police machinery can b....
Insurance claim cannot be repudiated only on the ground of delay on part of complainant in intimating Insurance Company.
Insurance Company cannot repudiate claim in toto, made by owner of vehicle which was duly insured with Insurance Company, in case of loss of vehicle due to theft, merely on the ground that there was ....
(1) Definition of Fundamental Breach – An insurance company can only deny a claim in its entirety if there is a “fundamental breach” of policy conditions. A delay in reporting is generally considered....
The Consumer Protection Act prioritizes consumer interests, allowing claims to proceed despite delays if satisfactorily explained, emphasizing pragmatic interpretation over hyper-technicality.
(1) Lodgement of FIR – after the vehicle is stolen, a person, who lost his vehicle, would immediately lodge an FIR and the immediate conduct that would be expected of such a person would be to assist....
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