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INDER JIT SINGH, SUDHIR KUMAR JAIN
Sangeeta Agrawal – Appellant
Versus
United India Insurance Co. Ltd. – Respondent
JUDGMENT
Dr. Sudhir Kumar Jain, Member.—Briefly stated relevant facts of the case are that the petitioner/the complainant/Sangeeta Agrawal (hereinafter referred to as “the petitioner”) and her husband namely Sanjay Kumar Agrawal are engaged in the business of transport. Sanjay Kumar Agrawal is the registered owner of truck bearing registration no CG 15 AC 0114 (hereinafter referred to as “the vehicle”). The petitioner was the owner of the vehicle but subsequently it was transferred in the name of Sanjay Kumar Agrawal at the time of Participation in a transport tender. The complete insurance of in respect of the vehicle was done by the respondent/the opposite party/United India Insurance Company Limited (hereinafter referred as to as “the respondent”) and was obtained in the petitioner for the policy period with effect from 30.11.2012, to 29.11.2013. The respondent at the time of securing the insurance policy mentioned the name of the petitioner in the cover note and as such the insurance of the vehicle was in the name of the petitioner. The petitioner and her husband Sanjay Kumar Agrawal had paid insurance premium amounting to Rs.28,287 to the respondent and the vehicle on basis of
Contractual obligations under vehicle insurance policy are specific and can only be discharged as per terms and conditions of policy.
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) 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....
(1) Registered Owner - The complainant has rightly been held entitled to the claim, being the registered owner of the vehicle as the Registration Certificate and Insurance Policy were still in his na....
National Commission in exercise of revisional jurisdiction cannot re-appreciate evidence led by parties like appellate Court.
Goods Vehicle Insurance – Insured cannot be given amount beyond agreed Insured Declared Value (IDV) under Insurance Policy.
(1) Start of the 14-Day Grace Period – Under Section 157(2) of the Motor Vehicles Act, the statutory 14-day window for a new vehicle owner to transfer the existing insurance policy begins on the date....
(1) Limited Scope of Revisional Jurisdiction – The NCDRC, under Section 21(b) of the 1986 Act (pari materia to Section 58(1)(b) of the 2019 Act), cannot act as a second court of appeal. It cannot int....
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