Insurance claim -- Repudiation - Driving licence - Expiry of on the date of accident - Renewal after accident but without any disqualification - Cannot be said that there was any breach of conditions of policy for which Insurance Company can be exonerated from liability - OP directed to pay to the complainant-appellant the amount of loss to truck assessed by the Surveyor...........
Consumer Protection Act, 1986, Section 13(4)(iii) -- Insurance claim -Affidavit - Evidentiary value - Affidavits sworn on oath before a Notary that no amount was paid towards fare - The vehicle was lent to the persons on humanitarian grounds for taking dead body of their relatives - The affidavit will have precedence over the statement recorded by the police - Record of..........
Insurance claim -- Medi-claim policy - Clause 2.3 of the policy providing that for entitlement of reimbursement of expenses hospitalization for minimum period of 24 hours was required - Respondent admitted in hospital for some heart problem and discharged in less than 24 hours - Held that order passed by District Forum allowing the complaint and directing payment of..........
Insurance claim -- Contractor's All Risk Policy - Repudiation - RCC superstructure of the span unit collapsed while the same was being dismantled - The staging erected for dismantling of the Superstructure was also crushed below the debris of the old RCC superstructure - Held to be an accident and not an Act of God - Only 5% of the claim amount could have been deducted..........
Insurance claim -- Group Personal Accident Insurance claim policy -Purchased by appellant - Husband of respondent-complainant covered for a sum of Rs.1,00,000/- died due to road accident - Appellant No.1 and OP No.2 Insurance Company held liable to pay the claim by the State Commission -Appellant only an agent of the Insurance Company - Insurance Company not filing any..........
Insurance claim -- Repudiation - Suppression of material facts -Deceased suffered from epilepsy for a long time - The said fact suppressed and the question in that regard replied in negative not only by the life assured but also by the complainant-his father as proposer, for obtaining the Life Insurance Policy - This fraudulent suppression would certainly vitiate the..........
Insurance claim -- Salary Saving Scheme Policy - Repudiation on ground that policy lapsed as premium not paid beyond August,2002 - Life assured not informed by the petitioner-insurer about the consequences of non-receipt of premium for the months of September and October 2002 before he died on 15.11.2002 - Held that Insurer cannot evade liability for payment of the amount..........
Insurance claim -- Repudiation - Driving licence fake - Owner of bus sworn affidavit that the driving licence of diver was renewed many a time by Licensing Authority - He bona fide believed that licence was genuine and thus had taken due care and caution in employing the driver - To avoid liability towards insured, the insurer has to prove that the insured was guilty of..........
Insurance policy -- Salary Saving Scheme - Insurance claim -Repudiation on ground of policy having lapsed due to non payment of premium for the month of November, 1998 - Held that it is the liability of both the Insurance Company and employer to pay the amount under policy in question - Even if the amount of premium for November, 1S98 was not available fro being deducted..........
Consumer Protection Act, 1986, Section 2(1)(g), 14((1)(d) -- Motor Vehicles Act, 1988, Section 14(2)(b)(ii) - Insurance claim - Repudiation - Driving licence - Non-renewal - Accident occurred within 7 days from the date of the expiry of licence - Statutory direction contained in proviso to Section 14(2)(b)(ii) of 1988 Act would be applicable - Insurer cannot avoid..........
