Insurance policy -- Insurance claim - Repudiation - Exclusion clause - There is no evidence on record that anybody has obtained the key to the Safe or any duplicate thereof by threat or by violence - There is no evidence that any outsider entered the premises and committed theft - There was nothing on record to suggest that someone secretly entered the premises and broke..........
Constitution of India, 1950, Article 14,39(d) -- Non practicing allowance - Respondent seeking mandamus directing appellants the revision of non practicing allowance in respect of Research Assistant as has been done in the case of doctors and physicians - Doctrine of Equal pay for equal work cannot be invoked - The question as to whether certain allowances would be paid to..........
Insurance claim -- Repudiation - Breach of terms of policy that the jeep was being used as taxi and was carrying passengers in excess of the permitted capacity - Held that the breaches as above do not appear to have been the cause for the accident and thus did not constitute fundamental breach - Repudiation held not justified...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance Act, 1938, Section 45 - Insurance claim - Repudiation - Non disclosure of material fact with regard to ailment at the time of revival policy under a special drive - The OP has not established that the cause of death is on account of suppressed health information - Respondent OP has not acted strictly in accordance..........
Insurance policy -- Revival of policy denied - Money-back policy - Premium received but policy was not revived because of non submitting of medical certificate - Premiums with the interests were accepted without any objection and without demand of medical certificate - The complainant is not supposed to know rules and L.I.C was duty-bound to ask for the medical certificate..........
Constitution of India, 1950, Article 226 -- Selection - Appointment - Mandamus - Merely because vacancy exist and remained unfilled after the process of selection is finally closed would not entitle a shortlisted candidate to be appointed against the post as long as the employer acts on a rational basis and pursuant to a rational policy - Candidate not entitled to obtain a..........
Insurance claim -- Whether notice required before the lapse of policy - Depends upon the terms of policy...........
Ex gratia -- Insurance claim - Repudiated - Policy lapsed due to non-payment of premium - Complainant not entitled to insurance claim - Direction to insurance company to consider the ex-gratia payment to the complainant or to take a sympathetic view of the claim of complainant on the following grounds:..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Insurance policy - Van of the complainant being run as taxi - The claim does not relate to alleged deficiency in service by the insurer - The service of providing insurance cover would not be barred on the ground of commercial purpose - Such service is hired to obtain security against any..........
Motor Vehicles Act, 1988, Section 149, 168 -- Accident occurred when learners licence had expired - Insurance company cannot escape its liability - If rider of vehicle did not obtain renewal, it cannot be said that rider did not know how to drive the vehicle - This does not tantamount to breach of condition of the policy...........
