Back
JONNALAGADDA RAJENDRA, ANOOP KUMAR MENDIRATTA
Iffco Tokio General Insurance Co. Ltd. – Appellant
Versus
Rajiv – Respondent
JUDGMENT
AVM Jonnalagadda Rajendra, AVSM, VSM (Retd), Member.—The present Revision Petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 (“the Act”) against the Haryana State Consumer Disputes Redressal Commission, Panchkula (“the State Commission”) order dated 09.10.2017 in FA No.1251/2016 dismissing the Appeal filed by the OP/ Petitioner and affirmed the District Consumer Disputes Redressal Forum, Yamuna Nagar (“the District Forum”) order dated 20.10.2016 in C.C. No.362/2013.
2. For convenience, the parties are referred to as placed in the original Complaint filed before the District Forum.
3. Brief facts of the case, as per the Complainant, are that the complainant, Rajiv (respondent herein), is the registered owner of tractor bearing registration No. HR-02Z-3842, which he had insured with IFFCO TOKIO General Insurance Co. Ltd (“the Insurance Company”/ “the Opposite Party - OP”) vide Policy No. 78669789 for the period from 23.12.2011 to 22.12.2012, with the Insured Declared Value (IDV) of Rs.4,75,000. During the intervening night of 26/27.04.2012, the tractor was parked outside the house of the complainant’s driver, but in the morning of 27.04.2012 at
(1) Non-Standard Settlement – In cases of theft where there is a contributory factor or breach of warranty (like limitation as to use) that is not fundamental to the loss, the claim should be settled....
(1) Transparency and Exclusion Clauses – The Commission emphasized that if an insurance company intends to exclude certain liabilities based on specific interpretations, they must be transparently di....
(1) Insurance Policy between Insurer and insured has to be strictly construed to determine extent of liability of Insurer.(2) Insured cannot claim anything more than what is covered by Insurance Poli....
(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....
Motor Insurance Policy – Any violation of condition should be in nature of a fundamental breach so as to deny claimant any amount.
(1) Insurable Interest during Transfer – The process of transferring insurance (submitting applications and fees) often spans several days. If an incident occurs while this process is in progress, th....
Theft – The Insurance Company cannot repudiate the claim in toto in case of loss of vehicle due to theft.
(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. Delay in filing FIR and insurance claim to be condoned if reasonable explanation given, especially in case of theft of vehicle.2. Mere delay cannot be a reason for not providing claim as per Apex....
Revisional Jurisdiction of NC – Concurrent findings given by Forum & State Commission : No illegality or material irregularity: NC has no jurisdiction to interfere with concurrent findings recorded b....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
