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SUBHASH CHANDRA, J. RAJENDRA
Reliance General Insurance Company Ltd. – Appellant
Versus
Pradyumansinh Dhirubha Bhati – Respondent
ORDER
Subhash Chandra, Presiding Member—This Revision Petition has been filed under Section 21 (b) of the Consumer Protection Act, 1986 (in short, “the Act”) challenging order dated 09.01.2017 of the Gujarat State Consumer Dispute Redressal Commission, Ahmedabad (in short, the ‘State Commission’) dismissing Appeal No. 321 of 2011 confirming the order of the District Consumer Disputes Redressal Forum, Jamnagar (in short, “District Forum”) in Consumer Complaint No. 164 of 2010 dated 25.02.2011.
2. We have heard the learned counsel for the parties and given careful consideration to the material placed on record and the arguments urged before us.
3. The relevant facts of this case, in brief, are that respondent’s Transit Mixer vehicle was insured by petitioner for the period 27.02.2008 to 26.02.2009. On 10.08.2008 the vehicle fell in a ditch while deployed in Essar Oil Mill, Vadinar, Jamnagar and suffered damages. A surveyor appointed by the petitioner assessed the damage. Respondent undertook repairs costing Rs.1,77,628.55 and submitted a claim. Petitioner repudiated the claim on the grounds that the respondent did not have an insurable interest in the vehicle and the vehicle lacked a
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(1) Insurance is contract and nothing shall be presumed which is written down in the contract.(2) Jurisdiction conferred on National Commission under Section 21 (b) of Act has been transgressed
(1) No palpable mis-appreciation of the evidence by two fora.(2) Points of law have been thoroughly discussed by State Commission in Order dt. 17.03.2021, keeping in perspective factual matrix of the....
The absence of a route permit did not entitle the insurance company to repudiate the claim in its entirety, and the claim could be settled at 75% of the assessed damage to the vehicle on a non-standa....
Report submitted by Surveyor cannot be discarded without any reasonable cause.
The burden of proof lies with the insurer to justify claim repudiation, and lack of supporting evidence leads to a judgment in favor of the claimant.
(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....
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