GAUTAM CHOURDIYA, PRAMOD KUMAR VARMA
New India Assurance Company Ltd. – Appellant
Versus
Leela Bai Goswami – Respondent
ORDER
Gautam Chourdiya, President.—This appeal, filed under Section 41 of the Consumer Protection Act 2019 (hereinafter called “the Act” for short) is directed against order dated 29.02.2024 passed by District Consumer Disputes Redressal Commission, Korba (hereinafter called “District Commission” for short) in complaint case No.CC/2023/20 whereby the complaint filed by the respondent herein was partly allowed and the opposite party / appellant was directed to pay within one month Rs.15,00,000/- (Rupees Fifteen Lacs) to the complainant/ respondent herein as insurance compensation with compensation towards physical, mental and financial harassment Rs.15,000/- (Fifteen Thousand) and cost of litigation Rs.5,000/- (Five Thousand) failing which the amount was directed to be paid with interest @ 6% p.a. from the date of order. Feeling aggrieved the insurance company opposite party has preferred this appeal.
2. Undisputedly the husband of the complainant / respondent was owner of motorcycle bearing registration No.CG-12-AL-2357 and got the vehicle insured from the opposite party / appellant for the period between 04.04.2019 to 03.04.2020 in which personal accident cover of Rs.15,00,000/- w
Insurance Policy – No auto-renewal or extension of insurance period during Covid-19 period, Insurance Company not liable for payment of insurance claim.
Insurance—Repudiation of death claim on the ground of concealment of disease must be supported with reliable and cogent evidence.
Insurance Company cannot repudiate a bonafide claim without any justifiable reason.
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.
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The court upheld that ambiguous terms in insurance policies should favor policyholders, reinforcing evidence of coverage for damages due to unforeseen occurrences.
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