Back
MEENA RAMANATHAN, V. V. SESHUBABU
Divisional Manager, New India Assurance Company Limited – Appellant
Versus
Shaik Abdul Hafeez – Respondent
ORDER
V.V. Seshubabu, Member Judicial.—The FA 129/2019 is filed by the opposite party, u/s.15 of Consumer Protection Act,1986, aggrieved by the order dated 04.01.2019 in CC 6/2018 of the District Commission, Mahabub-nagar, where under, the opposite party was directed to pay a sum of Rs.10,80,000/- with interest @ 6% per annum from the date of filing of the complaint till realization; to pay compensation of Rs.10,000/- and costs of Rs.2,000/- within one month from the date of order.
2. The FA 243/2019 is filed by the complainants, u/s 15 of the Consumer Protection Act, 1986 having not satisfied with the quantum of compensation given.
3. The brief averments of the complaint in brief in CC 6/2018 are that the complainant No.2 is the owner of vehicle No.AP 28 TE 5252 and insured the vehicle with opposite party and policy was in force from 22.01.2016 to 31.03.2016; that the complainant No.2 sold the said vehicle to the complainant No.1 on 19.01.2016 under the sale agreement for Rs.19,00,000/-; that as per the agreement of sale, the balance amount has to be paid within 50 days and thereafter, vehicle will be transferred in the name of complainant No.1 and the policy would also be transfe
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.
(1) Insurable Interest during Transfer – The process of transferring insurance (submitting applications and fees) often spans several days. If an incident occurs while this process is in progress, th....
1) Opp. Party repudiated the claim on account of negligence of the Petitioner, who failed to take care of the vehicle, in violation of the terms & conditions of the Insurance Policy.2) Opp. Party rep....
Involving the driver in vehicle theft doesn't negate the insurance claim under comprehensive policy.
Insurance companies must abide by the grounds stated in their repudiation letters, and cannot introduce new defenses post-repudiation.
Commission of Theft - The Insurance Policy covered the loss to the vehicle by burglary, house breaking or by malicious act. It is a case of theft and involvement of driver in the theft will not rule ....
(1) Definition of Fundamental Breach – An insurance company can only deny a claim in its entirety if there is a “fundamental breach” of policy conditions. A delay in reporting is generally considered....
(1) Lodgement of FIR – after the vehicle is stolen, a person, who lost his vehicle, would immediately lodge an FIR and the immediate conduct that would be expected of such a person would be to assist....
(1) Non-Standard Settlement – In cases of theft where there is a contributory factor or breach of warranty (like limitation as to use) that is not fundamental to the loss, the claim should be settled....
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
