Back
J. RAJENDRA, ANOOP KUMAR MENDIRATTA
Oriental Insurance Company Limited – Appellant
Versus
Harvinder Singh – Respondent
JUDGMENT
AVM J. Rajendra AVSM, VSM (Retd.), Presiding Member.—This Revision Petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 (“the Act”) against the Uttar Pradesh State Consumer Disputes Redressal Commission, Lucknow (“State Commission”) Order dated 13.07.2016 in FA No. 2135/2004 partly allowing the Appeal filed by the OP, modifying the District Consumer Disputes Redressal Forum-II, Moradabad (“District Forum”) the Order dated 15.09.2004 in CC No. 12/2002 to the extent of reducing the rate of interest from 12% to 9% p.a, while affirming the rest of the Order.
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 he is the owner of a Maruti Van Registration No. DL-2CG-0641. He used to park the van outside his residence at Adarsh Nagar. On 20.03.1998, he went out of the city to attend the last rites of his grandmother. On his return on 26.03.1998, he found the vehicle missing from its place. Despite his efforts, the vehicle could not be traced. He lodged a theft report at Kotwali Katghar, and an investigation was initiated. The sa
(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....
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....
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....
(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) 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....
(1) Insurance is contract and nothing shall be presumed which is written down in the contract.(2) Jurisdiction conferred on National Commission under Section 21 (b) of Act has been transgressed
The Consumer Protection Act prioritizes consumer interests, allowing claims to proceed despite delays if satisfactorily explained, emphasizing pragmatic interpretation over hyper-technicality.
(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....
Involving the driver in vehicle theft doesn't negate the insurance claim under comprehensive policy.
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
