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M. A. CHOWDHARY, N. KOTISWAR SINGH
National Insurance Company Limited – Appellant
Versus
Kunal Stone Crusher – Respondent
ORDER :
N. Kotiswar Singh, J.
1. The present petition has been filed against the order dated 24.10.2019 passed by Jammu & Kashmir State Consumer Disputes Redressal Commission (SCDRC), Srinagar in complaint No. 43/2011, titled “M/S Kunal Stone Crusher V. National Insurance Company Limited”
2. It is the case of the complainant that the complaint was filed by M/S Kunal Stone Crusher through Manzoor Ahmad Naikoo after the machine one Tata Hitech Excavator which was purchased by him and insured with the National Insurance Company which was valid from 17.07.2009 to 16.07.2010, for an amount of Rs. 20.00 lacs. The said machine was used for excavation works on being hired by various contractors.
3. It is the case of the complainant that on 20.08.2009 during the subsistence of the insurance, the said Excavator met with an accident at Mihi Mangil Road Banihal while undertaking excavation work after falling into the deep Nallah and was totally damaged. The said accident was duly reported and, accordingly, FIR was registered with the Police Station Banihal vide FIR No. 179/2009. The complainant also duly informed, about the said accident, to the Insurance Company which was duly acknowledged by the
(1) Insurance contracts are special contracts premised on notion of good faith – It is not a leverage or a safeguard for Insurer, but is meant to be pressed into service on a contingency, being a con....
1) Fundamental principle of insurance law that utmost good faith must be observed by the contracting parties and good faith forbids either party from non-disclosure of the facts which the parties kno....
Wilful negligence has all elements of gross negligence, but it also requires that defendant knows or should have known about potential injury—It is the highest degree of negligence.
(i) Exclusionary Clauses – Unless the insured is duly informed about the terms and conditions of the policy, the exclusionary clauses of the policy cannot be made applicable upon him.(ii) Contractual....
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