Back
PUSHPENDRA SINGH BHATI
New India Assurance Co. Ltd. – Appellant
Versus
Nemi Chand S/o Malaram Bhambhu – Respondent
JUDGMENT :
PUSHPENDRA SINGH BHATI, J.
1. This writ petition has been preferred claiming the following reliefs:
Any other order which may be considered just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner company. The cost be also awarded in favour of the petitioner company.”
2. As per the pleaded facts, the petitioner-Company issued a Commercial Vehicle Package Policy to the respondent/applicant in respect of goods carrying commercial vehicle bearing registration no. RJ-07-GC-7148. The said policy was to remain effective for the period from 06.03.2020 to 05.03.2021, and the total sum insured under the policy was Rs. 24,00,000/-. The respondent-applicant was to be indemnified in respect of any damage to the insured vehicle duri
Point of Law : Contention of fabrication of documents (Invoice no. 23) is not related to the damage caused to the vehicle and the insurance claim.
A claim can be settled on a non-standard basis despite breach of insurance policy conditions if not deemed fundamental; overloading does not invalidate all claims.
The Permanent Lok Adalat has jurisdiction over insurance claims, and while due process was followed, the award must reflect the depreciated value of repairs.
The burden of proof in insurance claims lies with the insurer to establish policy violations, and claims cannot be repudiated without substantial evidence supporting such breaches.
The Permanent Lok Adalat must assess the merits of insurance claims and cannot substitute its reasoning for that of the insurance company, especially in cases of procedural lapses.
Mistaken involvement of a party in insurance claims without proper disclosure invalidates awards; intentional misrepresentation is deemed fraud.
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
