J. RAJENDRA, ANOOP KUMAR MENDIRATTA
Bajaj Allianz GIC Ltd. – Appellant
Versus
Yugal Ram – Respondent
ORDER :
Anoop Kumar Mendiratta, Member.—Present Revision Petition has been preferred on behalf of petitioner (opposite party in the complaint preferred before the learned District Forum), challenging Order dated 17.01.2018 passed by the learned State Commission in Appeal No.29 of 2016, whereby the claim was allowed to be settled on non-standard basis at 75% of the assured amount along with interest of 9% p.a., with compensation of Rs.10,000/- and cost of Rs.5,000/-.
The petitioner and respondent are hereinafter referred to as opposite party/complainant respectively, as appearing in the complaint for sake of convenience.
2. In brief, complainant purchased Mahindra and Mahindra Bolero Jeep which was insured for the period 31.05.2011 to 30.05.2012, for assured sum of Rs.5,74,704/-. On 15.09.2011, the vehicle was stolen from More Kataiya Road, Badka Gaon Bazar while complainant deputed the driver to bring his daughter. At the relevant time, vehicle was driven by one Mr. Ali who was holding a valid driving licence. An FIR was lodged on the basis of the statement of driver of the vehicle under Section 379/420 IPC. On investigation a charge-sheet was presented against accused by the police
Oriental Insurance Co. Ltd. v. Sony Cheriyan
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National Insurance Co. Ltd. v. Nitin Khandelwal 2008 (7) Scale 351. (Para 14)
(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) 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....
Violation of Policy Condition – insured vehicle was being used for hire in violation of the policy condition, the claim cannot be repudiated in toto but should be settled upto 75% of the admissible c....
(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....
Insurance claims can be settled on a non-standard basis for non-fundamental breaches, with compensation adjusted according to the degree of overloading.
Motor Insurance Policy – Any violation of condition should be in nature of a fundamental breach so as to deny claimant any amount.
(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....
Admissible Claim – Complainant/Respondent is found entitled to an amount not exceeding 75% of the admissible claim. The actual over-loading in the given case was to an extent of 15.83 MT over and abo....
Theft – The Insurance Company cannot repudiate the claim in toto in case of loss of vehicle due to theft.
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