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BINOY KUMAR
Manager, Tata AIG General Insurance Company Limited – Appellant
Versus
Rangaswamy – Respondent
ORDER
Aggrieved by the concurrent findings and Orders passed by the District Consumer Disputes Redressal Forum, Hassan (hereinafter referred to as the District Forum) and the Karnataka State Consumer Disputes Redressal Commission, Bangalore (hereinafter referred to as the State Commission), the Petitioner/ Insurance Company - Manager, TATA AIG General Insurance filed this Revision Petition No. 3450 of 2018 under Section 21 of the Consumer Protection Act, 1986 (for short, the Act) against Mr. Rangaswamy (hereinafter referred to as the Respondent/ Complainant). The Complaint filed by the Complainant being Consumer Complaint No. 59 of 2014 before the District Forum was partly allowed. The relevant portion of the Order dated 30.10.2015 is reproduced as under: -
“Point No.1: On perusal of the pleadings, affidavits and exhibits marked in this case, it is undispute that the goods vehicle bearing No. KA-13-4902 was insured with the OP, the said vehicle was met with an accident on 30/31.08.2012 and was extensively damaged, that on the date of accident the policy was valid, the intimation of the accident was given to OPs, the OPs have registered the claim and surveyed the said accident thr
Goods Vehicle Insurance – Insured cannot be given amount beyond agreed Insured Declared Value (IDV) under Insurance Policy.
Liability of the insurance company in case of violation of R.T.O. rules and breach of permit conditions
Insurance claims can be settled on a non-standard basis for non-fundamental breaches, with compensation adjusted according to the degree of overloading.
A claim can be settled on a non-standard basis despite breach of insurance policy conditions if not deemed fundamental; overloading does not invalidate all claims.
Insurable interest must exist at the time of the accident for insurance claims, and mere transfer of ownership does not invalidate entitlement if proper documentation is maintained.
Admissible Claim – Complainant/Respondent is found entitled to an amount not exceeding 75% of the admissible claim. The actual over-loading in the given case was to an extent of 15.83 MT over and abo....
Contractual obligations under vehicle insurance policy are specific and can only be discharged as per terms and conditions of policy.
The Insurance Company cannot repudiate a valid claim if it failed to advise against potential policy breaches prior to the incident.
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