SANGITA DHINGRA SEHGAL, J. P. AGRAWAL
In the Matter of: New India Assurance Co. Ltd. – Appellant
Versus
SMS Distribution – Respondent
JUDGMENT
Sangita Dhingra Sehgal, President—The facts of the case as per the District Commission record are:—
“The complainant had obtained a policy of money insurance from the 2 to cover movement of cash from various places to and from his office. The insurance policy covered inter-alia the risk of loss or damage to money in transit from office to directors home and directors home to office/bank.
The policy was operative within radius of 30 Kms from office and was valid for the period 5.9.2009 to 4.9.2010. it is alleged that on 3.7.2010, Sh. S.K. Aggarwal, the director of the complainant company was travelling in a car from his house to the office at K.G. Marg. The car was being driven by a river. He was carrying a sum of Rs. 561,500/- to the office for safe aeping. On the way he stopped briefly at Janpath to have his glasses attended to by an optician. The money was in the car which was being manned by the driver. Some miscreants /trickster came near the car and told the driver that some money was lying outside/under the car. the driver got down and started collecting money, the miscreants opened the dicky door and ran away with the bags containing money and cher documents. The
Exclusion Clause – Complainant/Respondent is at no fault and the contention of the Appellant that the Complainant/Respondent left the money unattended which falls under the Exclusion Clause hold no w....
Theft – The Insurance Company cannot repudiate the claim in toto in case of loss of vehicle due to theft.
1) Fundamental principle of insurance law that utmost good faith must be observed by the contracting parties and good faith forbids either party from non-disclosure of the facts which the parties kno....
1) Neither employees carrying the gold took any step for its recovery after theft nor did the petitioner, who was informed on telephone asked them to take any step for recovery of the theft good; thu....
Insurance claims must adhere strictly to policy conditions regarding prompt notification of incidents; failure to act can lead to claim repudiation.
The High Court emphasized the importance of concurrent findings of fact, the limited scope of the High Court's supervisory jurisdiction, and the interpretation of insurance policy clauses in reaching....
Violation of terms and conditions – FIR Annexure ‘K’ was registered only on 02.09.2011 about two weeks after discovery of loss of jewellery – Therefore the complainant has failed to comply with the t....
Insurance companies must abide by the grounds stated in their repudiation letters, and cannot introduce new defenses post-repudiation.
Insurance Company cannot travel beyond grounds mentioned in repudiation letter.
(1) Contractual terms – In appreciation of contract of insurance, it is an established legal position that the scope for introduction of fresh terms or interpretation terms to introduce new dimension....
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