A. P. SAHI, BHARATKUMAR PANDYA
Kulwant Singh – Appellant
Versus
National Insurance Company – Respondent
ORDER
A.P. Sahi, President.—The petitioner/complainant claimed indemnity under an Insurance Policy on the ground that his vehicle Toyota Qualis had met with an accident on 18.11.2003. For this, the complainant relied on the Police Daily Diary No.18 dated 18.11.2003, a copy whereof is Annexure P-6 to the compilation. This narrated that the vehicle was being driven by Sunil Kumar, the Driver of the complainant, who while driving the vehicle on GT Road from Gharaunda to New Delhi was obstructed by the crossing of a blue bull/cow and in order to save a collusion, he applied brakes at the spur of the moment as a result whereof the vehicle met with an accident and damage was caused.
2. The Insurance Company on a claim being put forwarded appointed an Investigator Mr. R.N. Sharma, (Retd. Deputy Superintendent of Police), who submitted a report on 08.03.2004, whereafter, Insurance Company came to the conclusion that the claim was not admissible as it was found that the vehicle was being driven by one, Mr. Ram Niwas and the alleged incident of upturning of the vehicle seems to have taken place on 15.11.2003, which was also doubtful as further investigation into the matter revealed no eviden
The delay in lodging an FIR does not invalidate a motor accident compensation claim if satisfactorily explained, and the tribunal must evaluate evidence based on the preponderance of probabilities ra....
Accident claim - Since the clinching rebuttal evidence clearly demonstrates that the claimant himself was riding the bike and on account of his own negligence he sustained injuries, the claimant cann....
Point of law: Accident claim – Compensation enhanced - Since the disability is maintained at 12% and the multiplier of 18 is adopted as the claimant was aged 19 years
Insurance policies become effective only from the time stated in the policy documentation; claims cannot be made against an insurer prior to the policy's commencement.
(1) Once insurer fails to mention particular ground for repudiation and processes claim with some positive action, Insurer cannot subsequently raise that ground and repudiate claim.(2) Contractual ob....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.