V. Venkatamma vs Bajaj Allianz General Insurance Co. Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(NCDRC) 2506

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
MR. A.P. SAHI, PRESIDENT, MR. BHARATKUMAR PANDYA, MEMBER
V. Venkatamma – Appellant
Versus
Bajaj Allianz General Insurance Co. Ltd. – Respondent

Advocates:
For the Appellants/Petitioners:Mr. Abhijit Basu, Sr. Advocate, Mr. Kumar Shashank, Advocate, Ms. Obulapuram Keerthi, Advocate
For the Respondents:Mr. Siddharth, Advocate, Mr. Prateek Goyal, Advocate, Mr. Harshit Manwani, Advocate, Ms. Sunaina, Advocate

Table of Content
1. background of the insurance dispute (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8)
2. arguments from the appellant regarding insurance claim denial (Para 11 , 12 , 13 , 14 , 15)
3. counterarguments from the insurance company (Para 18 , 19 , 20)
4. judicial authority over complex factual questions (Para 38 , 40 , 41 , 46)
5. modification of previous order based on criminal court findings (Para 73 , 79 , 80)

ORDER

JUSTICE A.P. SAHI, PRESIDENT

1. This is an Appeal filed by the Complainant after her Complaint No. 122 of 2012 filed before the State Consumer Disputes Redressal Commission, Andhra Pradesh has been dismissed with an observation that in view of the nature of the dispute and the questions of facts pleaded the same would require an assessment on the basis of evidence to be led and has accordingly made an observation that the case deserves to be tried by the Civil Court. The reason for this observation was that fraud, impersonation and the other related allegations cannot be gone into in a summary jurisdiction of the Commission and consequently with the allegations and counter allegations on record, the case required a deeper probe which was not possible to be conducted by th