Motor Vehicles Act, 1988, Section 149 -- Deceased hired tempo for bringing vegetable - Deceased travelling in it - While going to purchase vegetable tempo met with accident - Deceased was not an unauthorised passenger - It cannot be said that deceased was carried in the vehicle for reward - Award passed against Insurance Company - Upheld...........
Insurance Act, 1938, Section 45 -- Life Insurance Policy - Cannot be called in question after 2 years of its being effected...........
Consumer Protection Act, 1986, Section 24A -- Limitation - Insurance claim - Limitation starts running from the date of repudiation of the claim and not from the date of alleged occurrence...........
Insurance claim -- Repudiation - Ground that insurance policy covers the risk of `theft' only and not of `hijacking'- Held that hijacking necessarily includes theft while the converse may not be true - Theft is the genesis of every other act viz. robbery, dacoity and hijacking - OP's held not entitled to repudiate the claim - OP directed to pay the insured amount with..........
Interest Act, 1978, Section 3(1), 3(3)(a)(ii), Civil Procedure Code, 1908, Section 34 -- Insurance - Interest - Pre suit interest - If there is stipulation for rate of interest Court must allow that rate subject to three exceptions viz. any provision of law applicable to money lending transactions or usury laws or any other debt law governing the parties and having an..........
Insurance claim -- Deficiency in service - Claim for death of she-buffalo - Deficiency in claim lodged not pointed out to the complainant - Inordinate delay in communicating the complainant/appellant about the closure of the case amounts to deficiency in service - There is no justification and proper ground for repudiation of the claim - The complainant held entitled to..........
Insurance claim -- Non-settlement of claim - Ground that shop was set fire to claim insurance and accident planned one - Fire attendance certificate clearly discloses that it is a case of accidental fire - Inspector of police submitted a detailed report which showing accidental fire - Complainant's friend also died in fire - Impossible to believe that the fire accident..........
Insurance claim -- Loss caused to cloth shop by accidental fire - Police report and Certificate of Fire Attendance on record showing that fire accident was not planned one - One close friend of the complaint died in the fire incident - OP neither repudiated the claim nor settled the claim and also did not choose to reply the legal notice - There is deficiency on the part..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance Act, 1938, Section 64VB (1) and (2) - Insurance claim - Cheque for premium amount did not reach respondent Insurance Company - Liability for payment of the amount claimed cannot be legally fastened on respondent No.1 on the basis of cover note...........
Insurance claim -- Repudiated - Ground of suppression of fact of medical leave availed before the date of proposal - Death due to heart attack - Leave taken on account of an enteric fever - No nexus between cause of death and suppression of material fact - Claim wrongly repudiated...........
