Back
J. RAJENDRA, ANOOP KUMAR MENDIRATTA
Branch Manager – Appellant
Versus
M. Charan Reddy – Respondent
JUDGMENT
AVM Jonnalagadda Rajendra, AVSM, VSM (Retd), Member.—This Revision Petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 (the “Act”) against the Andhra Pradesh State Consumer Disputes Redressal Commission at Vijayawada (“State Commission”) order dated 22.10.2019 in FA No. 529/2016 wherein the State Commission dismissed the Appeal filed by the OPs and affirmed the District Consumer Disputes Redressal Forum, Chittoor, (“the District Forum”) order dated 03.08.2016 which partly allowed the complaint.
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 his father Shri Dharmendra Reddy, during his lifetime had taken life insurance for a total sum of Rs.10,00,000 under five life insurance policies of Rs.2,00,000 each from the opposite parties (OPs) vide Policy No. 844214325 dated 20.08.2009; Policy No.844214326 dated 26.08.2009; Policy No.844214327 dated 28.08.2009; Policy No. 844214328 dated 26.08.2009; and Policy No. 844214329 dated 28.08.2009. In the said policies, the complainant, who was a minor at the relevant time, was nom
(1) Burden of proof – Insurance is a contract of utmost good faith, but the burden of proving that the insured suppressed material facts lies strictly on the Insurer. Exclusionary clauses and allegat....
The burden to prove misrepresentation or suppression of material facts in insurance contracts lies with the insurer, and claims cannot be repudiated without credible evidence.
Revisional Jurisdiction – Revisional jurisdiction of the National Commission is extremely limited, it should be exercised only in case as contemplated within the parameters specified in the provision....
(1) Proposal form – In filling up the proposal form, the agent normally, ceases to act as agent of the insurer but becomes the agent of the insured and no agent can be assumed to have authority from ....
(1) National Commission - National Commission in exercise of its revisional jurisdiction Commission is not required to re-assess and re-appreciate the evidence on record.(2) National Commission - Nat....
Contract of Insurance – A contract of insurance is one of utmost good faith. A proposer who seeks to obtain a policy of life insurance is duty bound to disclose all material facts bearing upon the is....
(1) Full Knowledge – DLA had the full knowledge of pre-existing ailments at the time of filling the proposal form and there was a nexus with preexisting disease and the cause(s) of death.(2) Proposal....
Life Insurance Policy – Repudiation of death claim on the ground of suppression of material facts – Mere existence of past medical records is insufficient unless knowledge on part of insured is prove....
(1) The “Three-Year Rule” (Section 45) – Under the amended Section 45, a policy cannot be questioned after three years from issuance or risk commencement on any ground.(2) Agent’s Responsibility – Th....
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
