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INDER JIT SINGH, SUDHIR KUMAR JAIN
Dayaram Agrawal – Appellant
Versus
New India Assurance Co. Ltd. – Respondent
ORDER
Dr. Inder Jit Singh, Presiding Member.—The present Second Appeal (SA) has been filed by the Appellant against Respondent as detailed above, under section 51 (2) of Consumer Protection Act, 2019, against the order dated 25.04.2025 of the State Consumer Disputes Redressal Commission Chhattisgarh (hereinafter referred to as the ‘State Commission’), in First Appeal (FA) No. 708 of 2024 in which order dated 07.10.2024 of District Consumer Disputes Redressal Commission Dhamtari (hereinafter referred to as District Commission) in Consumer Complaint (CC) no 24 of 2013 was challenged, inter alia praying for setting aside the order dated 25.04.2025 of the State Commission.
2. While the Appellant (hereinafter also referred to as Complainant) was Respondent before the State Commission and Complainant before the District Commission, the Respondent herein was Appellant before the State Commission and Opposite Party before the District Commission.
3. Notice was issued to the Respondent(s) on 29.07.2025. Parties filed Written Arguments/Synopsis on 24.09.2025 (Appellant) and 22.09.2025 (respondent) respectively.
4. Brief facts of the case as presented by the Complainant and as emerged from th
(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....
(1) To be under influence of alcohol must be understood as, a question going to facts and a matter to be decided with reference to impact of consumption of alcohol on particular driver.(2) Presence o....
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....
Insurance claims must strictly adhere to policy terms; no liberal interpretations allowed.
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.
The main legal point established in the judgment is the significance of establishing negligence on the part of the offending vehicle and the impact of contributory negligence and influence of alcohol....
The insurance company must prove any defenses it raises regarding liability; failure to present specific evidence for claims of driver being under alcohol influence does not absolve liability for com....
The main legal point established is that the insurance company is not liable to compensate if the deceased was under the influence of alcohol at the time of the accident, as per the terms of the poli....
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