Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Fire broke out at insured's warehouse - Cause of fire - Report of surveyor's although comprehensive otherwise, is inconclusive on the aspect identifying the actual cause of fire - Since, the surveyor's report only relies on the Forensic Examiner findings, it would be unsafe to rely on the said..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Fire broke out at insured's warehouse - Reports suggesting electrical short circuit as the trigger for the warehouse fire, is found to fit in with the attendant circumstances - Fire at the warehouse cannot be attributable to any negligent act of insured - Moreover, fire is found to have occurred..........
Consumer Protection Act, 1986, Section 17(b) -- Territorial jurisdiction of State Commission - Accident - Damage to car - Accident has occurred at Gurgaon - However, insurer as well as dealer were carrying on business from their offices in Delhi - State Commission at Delhi has territorial jurisdiction to entertain complaint...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Delay in providing intimation to insurer - Car accident - Accident took place on national highway - Owner immediately requested dealer to shift the vehicle to their garage - Finding of fact recorded by State as well as National Commission that dealer immediately informed the insurer - Moreover,..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Discrepancies about the manner in which accident happened - Accident happened is not disputed - It is not the case of insurer that there was any negligence on the part of driver of car - Even, it is not the case of insurer that any of general or specific exceptions in the policy of insurance apply..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Car accident - Damage to car - Compensation - There was constructive total loss to vehicle - Extensive damage caused to vehicle - Liability of BMW under BMW secure was to pay the actual difference between Insured Declared Value (IDV) of insured vehicle and current ex-showroom price of new vehicle..........
Consumer Protection Act, 1986, Section 12, 21 -- Medical negligence - Merely because a doctor opts for a particular line of treatment but does not achieve the desired result, they cannot be held for negligence provided that said course of action undertaken was recognized as sound and relevant medical practice...........
Consumer Protection Act, 1986, Section 12, 21 -- Medical negligence - Adopting an alternative medical course of action would not amount to medical negligence...........
Consumer Protection Act, 1986, Section 12, 21 -- Consumer complaint - Medical negligence - Patient received treatment in multiple hospitals and `TT' procedure was reinstated several times - Considering multiple procedures, prolonged intubation, severe injuries and subsequent medical complications, it would be unsound to link or attribute the complications solely to `NI'..........
Consumer Protection Act, 1986, Section 2(c)(iii) -- Consumer complaint - Medical negligence - Death of patient - Case of complainant was about lack of proper post operative medical care - No evidence on record that heart attack suffered by patient had any connection with operation in question or that it was on account of negligent post operative care - There was no mistake..........
