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J. RAJENDRA, ANOOP KUMAR MENDIRATTA
Tilak Raj – Appellant
Versus
United India Insurance Co. Ltd. – Respondent
ORDER
Anoop Kumar Mendiratta, Member.—Revision petition preferred on behalf of the Petitioner I Complainant assails Order dated 18.09.2018 passed by learned State Consumer Disputes Redressal Commission, Punjab (hereinafter referred to as the ‘State Commission’) in FA No. 275 of 2018, whereby the Order passed by the Ld. District Consumer Disputes Redressal Commission, Patiala (hereinafter referred to as the ‘District Forum’) dismissing the complaint, filed by the complainant, was affirmed.
2. Petitioner and the Respondents are hereinafter referred to as the ‘Complainant and Opposite parties’ as appearing in the complaint preferred before the District Forum, for sake of convenience.
3. Factual matrix as noticed in the impugned Order may be briefly referred. Complainant is the registered owner of tractor Sonalika 60 HP model Di 2015, bearing registration No. PB-11-BR-3490, which was insured with the opposite party for the period 25.02.2016 to 24.02.2017. On 11.09.2016, tractor was driven by the father of the complainant, for taking delivery of trolley from village Dargapur. However, since it developed a technical snag on the way, father of the complainant proceeded to fetch a mechanic fo
Insurance claim cannot be repudiated only on the ground of delay on part of complainant in intimating Insurance Company.
(1) Immediate Notice – The object behind giving immediate notice to the police appears to be that if the police is immediately informed about the theft or any criminal act, the police machinery can b....
Insurance Policy – Theft – Delay in intimating theft of vehicle to insurance company – Insurance Company could not have repudiated the claim.
Intimation – the delay in intimation to the Insurance Company as also the purported transfer of the vehicle to a third party by entering into a sale agreement is no more a factor for the insurer to d....
(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) 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....
The Consumer Protection Act prioritizes consumer interests, allowing claims to proceed despite delays if satisfactorily explained, emphasizing pragmatic interpretation over hyper-technicality.
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