Insurance claim -- Cold storage - Insurable interest - Complaint maintainability - Building and plant and machinery of the cold storage was given on licence by the complainant to OP No.2 for ten years - Under clause 6(d) of licence deed the insurance policy was to be taken by OP No. 2 jointly in its name and the complainant - Policy taken by OP No. 2 in its sole name in..........
Insurance claim -- Cold storage - Insurable interest - Complaint maintainability - Building and plant and machinery of the cold storage was given on licence by the complainant to OP No.2 for ten years - Under clause 6(d) of licence deed the insurance policy was to be taken by OP No. 2 jointly in its name and the complainant - Policy taken by OP No. 2 in its sole name in..........
Insurance claim -- Repudiation - On the ground that policy lapsed - The premium due on 28.9.2003 was not paid by the insured even within grace period of 30 days and for that reason the policy lapsed on 28.10.2003 - On 17.11.2003 the life assured died at about 11.00A.M. due to heart attack when he was on his official duty in PWD whereas the due premium was paid at 12.37..........
Constitution of India, 1950, Article 38, 39(f) -- Family Pension Scheme, 1964 - Family pension - Expression 'family' - Grand - children of deceased pensioner - Held that expression 'family' in its literal sense does not refer to the 'grand - children' as well - The very Scheme of Family pension is piece of welfare subordinate legislation and is an integral part of the..........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land by Govt. for public purpose - As per Govt. policy, all joint owners of any one Khata entitled to only one plot as a rehabilitation measure - Held, policy making restrictions of allotment of one plot to a joint Khata holder is arbitrary, irrational, having no reasonable nexus with objective intended to be..........
Medi Claim Policy -- Insurance claim - Repudiation - Exclusion clause - Ground that claim made only five days after the medi-claim policy was taken whereas per exclusion of the Insurance policy any medical treatment/hospitalization claim made within 30 days of the commencement of the policy is not maintainable - Held that the exclusion clause will not apply if a panel of..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance claim - Discharge voucher - Full and final payment - Not disputed that the complainant has received a sum of Rs.56,76,981/- by signing a discharge which unambiguously recorded that payment being made to the complainant was full and final discharge of his claim under the said policy - Complainant made no..........
Insurance claim -- Repudiation - Accident benefit - Heat stroke - Death due to heat stroke not proved - Primary cause of death was refractory hyperkalemia leading to cardiac arrest which was not due to heat stroke - There is no ambiguity in what constitute an accident under the policy and heat stroke is clearly not covered under it - The respondent held justified in..........
Insurance claim -- Repudiation - Accident benefit - Heat stroke - Death due to heat stroke not proved - Primary cause of death was refractory hyperkalemia leading to cardiac arrest which was not due to heat stroke - There is no ambiguity in what constitute an accident under the policy and heat stroke is clearly not covered under it - The respondent held justified in..........
Insurance claim -- Repudiation - Accident benefit - Heat stroke - Death due to heat stroke not proved - Primary cause of death was refractory hyperkalemia leading to cardiac arrest which was not due to heat stroke - There is no ambiguity in what constitute an accident under the policy and heat stroke is clearly not covered under it - The respondent held justified in..........
