Consumer Protection Act, 1986, Section 24A -- Limitation - Loss or damage of insured goods - Insurer caused delay in settlement of consumer's claim - Held, limitation cannot be strictly construed where a supplier of goods or services caused delay in the settlement of consumer's claim...........
Motor Vehicles Act, 1988, Section 147, 149 -- Accident - Liability of insurer - Where the insurance company specifically charged premium for three persons excluding driver of vehicle in question from its owner, it cannot be absolved of its liability on the death of a person...........
Motor Vehicles Act, 1988, Section 147, 149 -- Accident - Liability of insurer - Breach of policy condition - Offending vehicle/insured having no valid license at the time of accident - Insurer would be directed to satisfy the enhanced award and thereafter would be at liberty to recover the same from the owner of offending vehicle...........
Motor Vehicles Act, 1988, Section 147, 166 -- Accident - Rash and negligent driving - Liability of insurer of offending vehicle - Insurer of offending vehicle not liable to pay compensation to claimants, where the deceased were travelling as "gratuitous passengers" in the offending vehicle - Insurance company directed to pay compensation since offending vehicle found..........
Insurance Act, 1938, Section 64UM(2) -- Carrier - Damage in transit - Compensation - Insurance claim - Exceeding Rs.20,000/- in value - No claim can be admitted for payment or settled by insurer unless a report from approved surveyor or loss assessor is obtained...........
Motor Vehicles Act, 1988, Section 149, 166 -- Compensation - Motorcycle - Pillion rider - Pillion riders are covered under act policy and insurance company is liable to indemnify insurer - Contention of appellant that insurance company is liable to be exonerated of its liability to indemnify insured is misconceived and liable to be reject...........
Motor Vehicles Act, 1988, Section 149(2) -- Permit - Is necessary to ply transport vehicle - Absence of permit is valid defence to insurer...........
Motor Vehicles Act, 1988, Section 166 -- Composite negligence - Compensation - Wife of claimant deposed that center of front of both vehicles had struck against each other, her husband was driving car at high speed and was negligent to some extent - In absence of any rebuttal of deposition of wife, no error much illegality can be noticed in findings of Tribunal that..........
Motor Vehicles Act, 1988, Section 149(2) -- Compensation - No pleadings by insurer that offending vehicle was being used as taxi - Onus is on insurance company to prove defences available u/s.149(2) of MV Act, in order to avoid its liability to pay compensation...........
Insurance -- Repudiation of claim - Duration clause - Insurer appointed a surveyor on receipt of belated claim - Letter of repudiation does not whisper a single word with regard to delay or in fact does not refer at all to duration clause - It is only stated in the letter of repudiation that claim lodged by complainant does not fall under the purview of transit loss -..........
