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A. P. SAHI, BHARATKUMAR PANDYA
Assistant Director (R. P. L. I. ) – Appellant
Versus
Vithal Kisan Khamkar – Respondent
ORDER
The Postal Department through the Assistant Director (RPLI), the Office of the Post Master, Pune Division, has come up in this Revision Petition assailing the order of the State Commission dated 1.4.2016, SCDRC, Mumbaiat Aurangabad whereby the order of the DCDRC Ahmednagar dated 19.3.2015 has been affirmed. CC/349/2013 had been filed by the Respondent/Complainant that was allowed by the District Commission and the appeal filed by the Petitioners being FA/370/2015 was dismissed as a result whereof the petitioners are aggrieved by the aforesaid decisions.
2. Vide order dated 2.12.2016, an interim protection was given to the Petitioners provided the entire awarded amount was deposited with the District Forum. Notices were issued to the Respondent who sént a letter that was recorded in the order dated 13.4.2017. A reply was also filed in this Revision Petition. No lawyer had appeared on behalf of the Respondent and the case was adjourned from time to time for hearing during the Pandemic. The matter stood adjourned, where after information was sent to the Respondent but none appeared. Accordingly, the matter was finally heard on 14.1.2025 in the personal absence the Respondent tak
(1) Vicarious liability – The mistake as admitted gives rise to a tort as also the principle of vicarious liability.(2) Actionable wrong – The breach by the Post Master is therefore an actionable wro....
Inactive Policy – If a policy is not active, the claim for the Accident Benefit is not payable to the complainants as per the terms outlined in the insurance contract.
A lapsed insurance policy cannot be revived post-death, and the Insurance Ombudsman lacks authority to bypass contract terms based on equity.
(1) Proper Authorization – Insurance Company also liable and hold that both OP-1 and OP-2 share equal responsibility for the deficiency in service and the unfair trade practice of illicitly collectin....
Revisional Jurisdiction – Revisional jurisdiction of the National Commission is extremely limited, it should be exercised only in case as contemplated within the parameters specified in the provision....
Suppression of material facts by an insured can render an insurance claim voidable, impacting the insurer's liability.
LIC is required to send intimation on maturity of policy to policy holders.
Insurance Policy – Deficiency in service – Compensation of Rs.1.50 lacs awarded to complainant.
“No claim can be allowed on a lapsed life insurance policy.”
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