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INDER SINGH MEHTA, PARTAP SINGH THAKUR, YOGITA DUTTA
United India Insurance Company Ltd. – Appellant
Versus
Shashi Kumar Mahajan – Respondent
ORDER
Inder Singh Mehta, President—Instant appeal is arising out of the order dated 19.04.2022 of learned District Consumer Commission, Chamba, passed in Consumer Complaint Whether Reporters of the local papers may be allowed to see the order? No.01/2019, titled Shashi Kumar Mahajan Versus The United India Insurance Company Limited, whereby the complaint was partly allowed and opposite party was directed to pay Rs.5,28,400/- to the complainant alongwith interest @ 7% per annum from the date of repudiation of claim till its actual payment. The opposite party was also directed to pay Rs.25,000/- as compensation and Rs.5,000/- as litigation costs.
Brief facts of Case:
2. Briefly, the case of the complainant is that complainant is registered owner of vehicle (Xylo) bearing No. HP-57-5600 and had insured the same with the opposite party/insurance company w.e.f. 05.01.2016 to 04.01.2017. On 01.07.2016, the vehicle in question met with an accident and suffered extensive damage. Intimation of accident was given to the police as well as to the insurance company. A surveyor was appointed by the insurance company, who visited the spot and inspected the vehicle. A sum of Rs.5,70,398/- was incurr
Damage to vehicle in accident – Onus to prove that driver was in drunken condition always remain upon insurance company and insurance company without proving its onus, cannot be permitted to deny cla....
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.
Insufficient evidence of intoxication leads to dismissal of insurance claim repudiation.
The insured's intoxication must be conclusively proven for denial of an insurance claim; mere allegations are insufficient.
Burden of Proof – The court cannot lay down any criteria as to how said burden would be discharged, inasmuch as the same would depend upon the facts and circumstance of each case.
(1) Harmonizing Policy Clauses with Section 185 of the MV Act – Commission clarified that insurance companies cannot repudiate a claim simply because any amount of alcohol is detected. For a claim to....
Insurers must verify driving licenses before issuing policies; failure to do so prevents them from repudiating claims based on license validity.
IMORTANT POINTS (1) Insurance policy - in the matter of Insurance claims, the Courts cannot adopt a beneficial/welfare approach, and have to go strictly by the words used in the concerned Insurance P....
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