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ALOK MATHUR
Reliance Nipppon Life Insurance Co. Ltd. – Appellant
Versus
Permanent Lok Adalat – Respondent
JUDGMENT :
ALOK MATHUR, J.
1. Heard Sri Abhishek Bhatnagar, learned counsel for the petitioner. No one has put in appearance on behalf of respondent no. 2, though counter affidavit has been filed to the present writ petition.
2. By means of present writ petition the Insurance Company namely Reliance Nippon Life Insurance Company Ltd. having its registered office in Mumbai has approached this Court challenging the order dated 09.06.2017, passed by the Permanent Lok Adalat thereby allowing the claim preferred by respondent no. 2-claimant.
3. The facts of the case in brief are that the respondent no. 2 had applied for various insurance policies for his life and life of his wife by submitting a proposal form obtaining a insurance policy and by paying the proposal deposit amount. In all respondent no. 2 had applied for four policies and had cumulatively deposited premium of Rs. 2,49,994/- towards the said policies. All the policies were duly dispatched to respondent no. 2 and had been received by him.
4. Subsequent to receipt of the said policies respondent no. 4 was aggrieved by the terms and conditions mentioned in the said policies which according to him were contrary to the statements ma
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 ....
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.
A lapsed insurance policy cannot be revived post-death, and the Insurance Ombudsman lacks authority to bypass contract terms based on equity.
Exclusion clauses in insurance contracts are binding unless proven unconscionable or contrary to public policy, reaffirming the validity of such clauses in commercial contracts.
The court established that conciliation proceedings under the Legal Services Authorities Act are mandatory, and failure to adhere to this process invalidates any resultant award.
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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