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RAJ SHEKHAR ATTRI, PREETINDER SINGH
Tata AIG General Insurance Co. Ltd. – Appellant
Versus
Hardeep Singh – Respondent
JUDGMENT
Raj Shekhar Attri, President.—
M.A. No.164 of 2024 (Condonation of delay):-
Alongwith this appeal, this application has been filed by the applicant/appellant/opposite party for condonation of delay of 25 days (as per the office 18 days) in filing the same. Arguments of the parties on this application heard.
2. For the reasons stated in this application, we are of the considered view that the applicant/appellant has been able to satisfy that there had been a sufficient cause for not preferring the appeal within the stipulated period. In this view of the matter, this application stands allowed and the delay of 25 days (as per the office 18 days) in filing the appeal is condoned. Accordingly, this application stands dispose off.
Appeal No.75 of 2024:-
3. The appellant/opposite party has come up in this appeal assailing the order dated 08.11.2023, passed by the District Consumer Disputes Redressal Commission-I, U.T., Chandigarh, whereby consumer complaint bearing no.10 of 2021 filed by the respondent/complainant was partly allowed against it as under:-
“...In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OP i
(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....
(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 Policy – Theft – Delay in intimating theft of vehicle to insurance company – Insurance Company could not have repudiated the claim.
Insurance claim cannot be repudiated only on the ground of delay on part of complainant in intimating Insurance Company.
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....
The Consumer Protection Act prioritizes consumer interests, allowing claims to proceed despite delays if satisfactorily explained, emphasizing pragmatic interpretation over hyper-technicality.
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....
(1) In case of theft of vehicle, breach of condition is not applicable.(2) Theft of insured car – Once IDV of vehicle is fixed mutually and it endorsed on policy, insurance company shall be binding t....
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