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J. RAJENDRA, ANOOP KUMAR MENDIRATTA
National Insurance Company Ltd. – Appellant
Versus
Nagendra Kumar Yadav – Respondent
JUDGMENT
AVM J. 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 Bihar State Consumer Disputes Redressal Commission, Patna (“the State Commission”) order dated 20.06.2017 in FA No.49/2016 partly allowing the Appeal filed by the OP/Petitioner and modified the District Consumer Disputes Redressal Forum, Siwan (“the District Forum”) order dated 22.12.2015 in C.C. No.3276/2013.
2. As per the Registry report, there is 119 days delay in filing this Revision Petition. For the reasons stated in IA/5926/2018, the delay is condoned.
3. For convenience, the parties are referred to as placed in the original Complaint filed before the District Forum.
4. Brief facts of the case, as per the Complainant, are that the Complainant got his tractor Registration No. BR-29-G-5458 insured with the OP on 17.11.2012 for an assured sum of Rs.4,00,000. Subsequently, the said tractor was stolen on 08.12.2012. In this regard, Case No. 05/13 under Section 379 IPC was registered at Police Station Siwan Mufsil. After due investigation, the police submitted a Final Report in the matter. Thereafter, on
(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....
Intimation – the delay in intimation to the Insurance Company as also the purported transfer of the vehicle to a third party by entering into a sale agreement is no more a factor for the insurer to d....
Insurance Policy – Theft – Delay in intimating theft of vehicle to insurance company – Insurance Company could not have repudiated the claim.
Motor Insurance Policy – Any violation of condition should be in nature of a fundamental breach so as to deny claimant any amount.
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....
(1) Immediate Notice – The object behind giving immediate notice to the police appears to be that if the police is immediately informed about the theft or any criminal act, the police machinery can b....
The Consumer Protection Act prioritizes consumer interests, allowing claims to proceed despite delays if satisfactorily explained, emphasizing pragmatic interpretation over hyper-technicality.
Insurance claim cannot be repudiated only on the ground of delay on part of complainant in intimating Insurance Company.
(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....
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