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MANISH KUMAR
Oriental Insurance Company Ltd. Thru Divisional Manager – Appellant
Versus
Abhishek Kumar – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioner and learned counsel for the private respondents.
2. All the above-noted writ petitions involve common questions for consideration raised by the petitioner praying for rejection of the claim of the claimants on the ground their non-furnishing of the computerized khatauni being as required under Clause 4 of the agreement and about imposition of penalty upon the petitioner under Clause 22(b) of the agreement. Hence, all the above said petitions have been heard in a bunch and they are being disposed of by means of this common judgment to be applicable to all the writ petitions. The petitioner-Oriental Insurance Company (hereinafter referred to as 'Petitioner Insurance Company') has preferred these writ petitions against the orders passed by the Permanent Lok Adalat, Lucknow allowing the insurance claim of the claimants and imposing penalty upon the petitioner under Clause 22(b) of the agreement.
Claims should not be rejected on mere technicalities, and penalties imposed under insurance agreements should be reasonable and not exorbitant.
The rejection of claims based on non-transferable rights was not mala-fide, and the penalty under Clause 22(b) was quantified at Rs. 75,000.
Point of Law : Plea of limitation taken up in the present case on the strength of clause 20 of the agreement read with Article 44 of the Schedule appended to the Limitation Act, would not defeat the ....
A breach of essential terms of an insurance policy, such as using a private vehicle for hire, precludes the claimant from receiving benefits under the policy.
In insurance contracts, the insured must disclose all material facts; failure to do so can lead to repudiation of claims under Section 45 of the Insurance Act, 1938.
Insurers must comply with statutory obligations of disclosure; failure to do so prevents repudiation of claims based on misrepresentations in policy applications.
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