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TASHI RABSTAN, WASIM SADIQ NARGAL
Inder Jeet Singh – Appellant
Versus
ICICI Lombard – Respondent
JUDGMENT :
Tashi Rabstan, J.
1. This appeal is directed against the judgment dated 01.09.2015 delivered by the J&K State Consumer Disputes Redressal Commission, Jammu in Complaint No.3165 of 2010, whereby the learned Commission dismissed the complaint of complainant for want of a valid and actionable policy on the date of accident to claim indemnity for the damaged excavator.
2. The facts as gathered from the appeal file are that the Hydraulic Excavator of appellant-Inderjeet Singh suffered accident at Jhajjar Kotli on 28.01.2009 when a rock fell on it as a result of which the excavator got damaged. At the time of accident the excavator was insured with National Insurance Company, i.e., respondent No.2 herein, and the policy cover was with effect from 30.03.2008 to 29.03.2009. Before that, the excavator was insured with ICICI Lombard with effect from 30.03.2007 to 29.03.2008. Claimant-Inderjeet Singh raised an indemnity claim with National Insurance Company. However, the National Insurance Company-respondent No.2 herein declined the claim on the ground that the engine and chassis numbers of the Hydraulic Excavator did not match with the numbers mentioned in the insurance policy. Feeli
The insurer's duty to conduct a reasonable investigation, the liability to indemnify the insured, and the responsibility of the insurance agent in accurately completing insurance applications.
Insurance claims for damages caused by external terrorist activities were established under applicable policies, justifying full compensation despite defenses based on pilferage allegations.
Insurers are obligated to act fairly in claim assessments, and claims under insurance policies cannot be dismissed solely based on survey reports lacking independence.
Insurance liability issues in motor accidents should be assessed accurately to ensure claimants receive timely compensation, irrespective of disputes between insurers.
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