Back
INDER JIT SINGH
National Insurance Co. Ltd. – Appellant
Versus
Reena Sharda – Respondent
ORDER
The present Revision Petition (RP) has been filed by the Petitioners against Respondents as detailed above, under section 21(b) of Consumer Protection Act, 1986, against the order dated 22.12.2017 of the State Consumer Disputes Redressal Commission, Rajasthan (hereinafter referred to as the ‘State Commission’), in First Appeal (FA) No. 147/2016 in which order dated 08.07.2016 of District Consumer Disputes Redressal Forum, Jodhpur (hereinafter referred to as District Forum) in Consumer Complaint (CC) No. 512/2015 was challenged, inter alia praying for setting aside the order passed by the State Commission and restoring the order passed by the District Forum.
2. While the Revision Petitioners (hereinafter also referred to as OP/Insurance Company) were Respondents before the State Commission and Opposite Parties before the District Forum and the Respondents (hereinafter also referred to as Complainants) were Appellants before the State Commission in FA/147/2016 and Complainants before the District Forum in Complaint No. 512/2015.
3. Notice was issued to the Respondents on 22.06.2018. Parties filed Written Arguments on 26.06.2020 (Petitioner) and 10.02.2020 and 10.10.2023 (Respon
Wrong Document – Petitioner/Insurance Company placed a wrong document before the District Forum and this Commission. Such an action is not expected from a public sector Insurance Company like the Pet....
Insurance Policy – Ambiguity in coverage clauses of disease – Repudiation of claim not justified.
Insurance Policy must be read holistically so as to give effect to reasonable expectations of all parties including insured & beneficiaries.
Insurance policy terms must be strictly construed to avoid adversely affecting the parties' interests.
Contract of insurance – Since the policy was held/renewed for 5 years, the plea of non-supply of terms and conditions is not tenable; the insured should have agitated this earlier.
There should be nexus with pre-existing disease & disease for which claim has been made.
(1) Insurance – A contract of insurance is one of utmost good faith. (2) Proposer – Proposer who seeks to obtain a policy of life insurance is duty bound to disclose all material facts bearing upon t....
Once there is a valid insurance policy available in favour of appellant, claim made by him for reimbursement of expenses incurred is justifiable and deserves to be paid to him.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
