Motor Vehicles Act, 1988, Section 149(2)(a)(ii) -- Third party risks - Insurance company can prove that there was breach on the part of insurer concerning policy conditions regarding holding of a valid licence by the driver - Held, that Insurance company was not liable to pay the claimed amount as the driver was not possessing a valid driving licence - Since a sum of..........
Medi claim policy -- Insurance claim - Repudiation - Suppression of material fact - On the date of taking policy for his daughter on 11.4.1997 respondent was not aware that she was suffering from heart disease - Tests conducted after more than three months - It could not be said that respondent was guilty of suppression of material fact...........
Consumer Protection Act,1986, -- S.2(1)(g) - Indian Carriage of Goods by Sea Act, 1925 - Article 1(b)(e) - Civil Procedure Code, 1980 - Ss.82 & 83 - Carriage by sea - Deficiency in service - Summary proceedings - Goods delivered by shipper to Customs Authorities in Venezuela - Shipper would stand discharged - OPs.2, 3 and 4 are not Indian Parties and proceeded ex parte -..........
Insurance claim -- Money Back Children Policy - Peculiar policy - Risk under the plan to commence after two years from the date of commencement of policy or the policy anniversary immediately following the completion of 7 years of age whichever is later - Death of the child even before the commencement of policy - Father of the deceased child only entitled to get full..........
Insurance policy -- Renewed policy - Insurance claim - Repudiation - Suppression of material fact - Petitioner took policy and was reimbursed expenses for treatment of the Pseudo - pancreatic Cyst - Renewed policy issued fully knowing that the appellant had already been treated for the disease - He is not supposed to disclose the fact which is already in the knowledge of..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Agriculturist Accident Insurance Policy, 2005 - Insurance claim - Rejection of - On ground that claim papers submitted after 110 days instead of submitting within 60 days after the death Immediately after the accidental death necessary information was given to Village Revenue Officer - Therefore, the time should commence to..........
Insurance claim -- Repudiation - Insurance coverage taken by Bank on account of the appellant complainant was cancelled and premium refunded in May, 1992 - No policy in vogue at the relevant time of the incident of fire which took place in December, 1992 in which the appellant suffered damage to his Mill and stock - Insurance Company held justified in repudiating the claim..........
Insurance claim -- Marine FOB policy - The goods were carried by the rail an authorized carrier - The area of transportation covered by the policy - Shortage of goods occurred during the currency of the policy - At the time of loading survey was conducted by the approved surveyor - Also at the time of unloading survey was conducted by an approved surveyor and certificate..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - Impart of justice - Even if Govt. directs the Public Prosecutor to withdraw the prosecution and application is filed to that effect, Court must consider all relevant circumstances and find out whether the withdrawal of prosecution would advance the cause of justice - Application by Public Prosecutor..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Beneficiary - Insurance claim - Policy taken by respondent No. 2 for entire contract awarded - Appellant-complainant was having a sub-contract placed on them by respondent No. 2 - Deluge valves stolen from the store of appellant - Stand of respondent No.2 that it did not have any objection to the payment of..........
