Insurance claim -- Marine insurance policy - Seaworthiness of vessel - Plea of OP that the vessel was not sea worthy as the consignment was sent by sailing vessel (country craft) and not by ocean going motor vessel repelled - The name of the vessel is specifically mentioned in the insurance policy and Insurance Company was aware of the nature of the vessel - Defence of..........
Insurance claim -- Marine Insurance Policy - Plea that there is delay of 5 months in informing the insurance company of sinking of the ship and complainant had not acted within reasonable time repelled - Complainant came to know about the sinking of the ship in third week of April,1994 -Maritime & Mercantile International had already forwarded the claim file to the..........
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 -- Deficiency in service - Consignment of delivery of Hosiery goods allegedly not delivered to the consignee - Report of the tracer that consignment was delivered to the buyer - Unless complainant brings on record appropriate evidence to discharge primary onus to infer the deficiency in service on the part of insurance company by proving it was damaged, or..........
Motor Vehicles Act, 1988, Section 149(2), 166 -- Accident - Compensation - Vehicle used as Taxi - Driver holding driving licence to drive light motor vehicle - By driving commercial vehicle it was breach of condition of insurance - Owner is liable to make the compensation - Keeping in view the peculiar facts and circumstances of the case Insurance Company to make payment..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - It is necessary to specifically aver in complaint that at the time offence was committed, the person accused was in-charge of and responsible for conduct of business of company - Without such an averment in complaint the requirement of Section..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - It is necessary to specifically aver in complaint that at the time offence was committed, the person accused was in-charge of and responsible for conduct of business of company - Without such an averment in complaint the requirement of Section..........
Hindu Marriage Act, 1955, Section 13(1)((ia) -- Cruelty - General rule in all question of cruelty is that the whole matrimonial relations must be considered - Indifference and frigidity towards wife, denial of a company to her, hatred and abhorrence for wife or physical, like acts of violence and abstinence from sexual intercourse without reasonable cause - Court has to..........
Mobile phone service -- Deficiency of service - Compensation -Disconnection of outgoing facility before the relevant due date of payment of bill - Plea that cheque issued for payment of bill stood dishonoured - Held that withdrawing of such facility is deficiency in service - Service provider is required to wait till the due date before withdrawing such facilities and not..........
Insurance claim -- Repudiation - Ground that non-supply of documents by the complainant - Loss suffered by complainant due to fire which took place in December, 1988 - The entire record was produced before OP while assessing the loss due to the flood in the year 1991 - Assessment got done from Surveyor appointed by the complainant taken on record - Held that repudiation..........
