Insurance Act, 1938, Section 45, Evidence Act, 1872, Section 102 -- Insurance claim - False information - Onus to prove - Onus was on the insurer to show that insured had fraudulently given false information and that said information was related to a material fact...........
Insurance Act, 1938, Section 45, Indian Petroleum Act, 1934, Section 8, 4, 5, 14, 21, 22, 29(1), Petroleum Rules, 1976, Article 3, 6, 7 -- Sch.1 - Fire and Special Perils Policy - Repudiation of claim by Insurance Company - Insured lacking licence for storing Hexane under Act of 1934 and Rules of 1976 - Non-disclosure of non-possession of licence is violative of condition..........
Insurance Act, 1938, Section 45 -- Insurance claim - Repudiation - Non-disclosure of previous insurance policy by proposer/assured - Failure of insured to disclose the policy of insurance obtained earlier in proposal form entitled the insurer to repudiate the claim under policy - Repudiation was within a period of two years from commencement of insurance cover as per S.45..........
Insurance Act, 1938, Section 45 -- Insurance - Repudiation of claim - It is not sufficient to prove that statements at the time of effecting assurance were false - It is further to be proved by insurer that false statements were fraudulently made and insured had known the fact to be false and that fact was suppressed which was material...........
Insurance Act, 1938, Section 45, Constitution of India, 1950, Article 226 -- Supervisory jurisdiction - Exercise of - Insurance Ombudsman when decides case contrary to statutory provision as well as binding precedents regarding burden of proof in matter of Insurance claims the same can be interfered with by High Court in exercise of jurisdiction under Article 226..........
Insurance Act, 1938, Section 45, Consumer Protection Act, 1986, Section 2(1)(g), 13(4) -- Insurance claim - Repudiation - Suppression of material fact - Adverse inference - Ailment of gall bladder and CRD stones which has no nexus with death of insured due to breast cancer - Specific averment by complainant that ailment disclosed to the agent by the policy holder but agent..........
Insurance Act, 1938, Section 45 -- Insurance claim - Repudiation of claim - Ground of non disclosure of kidney disease - Blood particles or protein particles were found in urine of insurer when he was 15 years of age and took treatment - Insured was not under an impression that he is suffering from kidney disease - Insured did not take treatment for more than one week - To..........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 45 -- Insurance claim - Insurance policy - Lapsed policy - Revival of policy - Suppression of material facts - Revival of the policy is a fresh contract of policy between the parties for which a fresh agreement is executed - Life assured suffering from CVA since 1999 when he met with an accident -..........
Consumer Protection Act, 1986, Section 2(1)(g), Evidence Act, 1872, Section 45 -- Insurance claim - Opinion by expert - Section 45 of the Evidence Act empowers the court, in order to form opinion upon a point of foreign law or of science or of art, or as to identity of handwriting or finger impressions, to rely upon the opinions of person specially skilled in such matters..........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 45 -- Jeevan Sanchay Plan Policy - Insurance claim - Repudiation - Suppression of material fact - At the time of revival of policy - Held that the policy conditions of Policy of the deceased were different from the Regular Endowment Policy - On the date of taking policy the insured was in good..........
