Back
SUBHASH CHANDRA, SADHNA SHANKER
New India Assurance Co. Ltd. – Appellant
Versus
Kare Suneetha – Respondent
ORDER
Subhash Chandra, Presiding Member.—The challenge in this appeal under Section 51 of the Consumer Protection Act, 2019 (in short, ‘the Act’) is to the order dated 10.06.2022 in Complaint No.5 of 2019 of the A.P. State Consumer Disputes Redressal Commission, Vijayawada (in short, ‘the State Commission’) allowing the complaint in part and directing OP Nos.1 to 3 (Appellants No.1 to 3 herein) to pay the sum assured under the Group Insurance Policy with interest @ 9% p.a. from the date of repudiation till realization along with costs to the Complainant/Respondent No.1 within two months from the date of the order while dismissing the complaint against Opposite Party/Respondent No.4.
2. This order will also dispose of FA nos. 756 to 762 of 2022 which are also related to the same issue, i.e., repudiation of claim under the Group Insurance Policy in question in respect of employees of respondent no.4 on whose behalf the insurance cover for life had been obtained by respondent No.4.
3. We have heard the learned counsel for both the parties and carefully considered the material on record.
4. For the reasons stated in the application for condonation of delay, the delay of 85 days in the
Personal Accident Insurance Policy – Surveyor’s report is not the final word if it can be established that it was arbitrary or perverse.
(1) Failed to discharge the services – The insurer failed to discharge its service obligations by rejecting a genuine claim based on a Chemical Analysis report showing alcohol presence, while ignorin....
Insured is not entitled to compensation when on facts it is proved that he was intoxicated and that his death was due to intoxication.
Insurance co-exists with membership for period of insurance benefit but coverage under insurance would be a direct liability of Insurance company.
1) Mere reading shows that Violation of Policy Conditions written in surveyor’s report are patently ambiguous and incoherent.2) Nothing prevented the insurance co.’s surveyor to confirm from relevant....
Accident – An accident is an occurrence or an event, which is unforeseen and startles one when it takes place but does not startle one when it does not take place. It is not the happening of the expe....
Claim – No claim should be disallowed purely on technical ground or in a mechanical manner; the insurance company should reject the claim only when the insurer finds that it was liable to be rejected....
The court emphasized the need for proper justification and adherence to regulations in repudiating an insurance claim, and highlighted the importance of considering expert reports and providing reaso....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
