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J. RAJENDRA
National Insurance Co. Ltd. – Appellant
Versus
Sunrise Bio Fuel – Respondent
ORDER
These two Revision Petitions are filed under Section 21(b) of the Consumer Protection Act, 1986 (the “Act”) against order dated 26.05.2016, passed by Rajasthan State Consumer Disputes Redressal Commission, Jaipur (‘State Commission’) in FA Nos.781 and 782 of 2013 respectively wherein the State Commission allowed the Appeals and set aside the District Consumer Disputes Redressal Forum, Nagaur (District Forum) order in CC Nos.229 and 233 of 2012 dated 02.07.2013 wherein the Complaints were dismissed with costs.
2. Since the facts and questions of law involved in both Revision Petitions are substantially similar, except for minor variations in dates and events, both the petitions are being disposed of by this common Order. For ease of reference, RP No.2572 of 2016 is considered as the lead case, and the facts below are drawn from CC No.229/2012.
3. For convenience, the parties involved in this matter are referred to as per the Complaint before District Forum. “M/s. Sunrise Bio Fuel through Partners Rajpal Singh and Rakesh Kumar” is referred to as the Complainant and “Bank of Baroda” is Opposite Party No.1 (OP-1) and National Insurance Company is Opposite Party No.2 (OP2).
4. Bri
Insurance policy – Exclusion clause – Burden of proof is on the insurer to show that case falls within the purview of exclusion clause – In case of ambiguity, benefit goes to insured.
The court enforced the principle that ambiguities in insurance policies favor the insured, ruling against the insurer for failing to adequately disclose exclusions.
“Repudiation of insurance claim on ground of exclusion clause in the policy, since not expressly conveyed to the insured, amounts to deficiency in service.”
(1) Terms and Conditions – The terms and conditions of the Insurance Policies require the Insured to take all reasonable steps to safeguard the property under insurance.(2) Policy – Examination of th....
IMPORATNT POINT Appointment of Surveyor – Insured can also appoint a Surveyor or loss accessor.
Insurance – In absence of requisite evidence from Complainant to support peril covered under policy, no liability can be fastened upon Insurer.
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