Insurance claim -- Deficiency in service - Compensation - Non settlement for one and half years - Plea by OP that terms of policy violated as at the time of accident more than 7 persons were travelling in the truck not substantiated - Evidence showed that there were not more than 7 persons in the truck - Held that the claim should have been settled by the OP within..........
Insurance claim -- Deficiency in service - Compensation - Interest - Goods worth two lacs reduced to ashes and the respondent complainant had a policy for a sum of Rs. 1 lac - Claim repudiated by the appellant on the grounds that the documents including bills, cash memos, accounts books were not produced which were allegedly also reduced to ashes - Police report stating..........
Consumer Protection Act, 1986, Section 2(1),(g) -- Insurance claim - Repudiation - Carrying fare paying passengers in violation of terms of policy - Held that valid enough reason for the Insurance Company to repudiate the claim - Policy is a contract based on trust, violation of which makes it invalid...........
Matrimonial dispute -- Family settlement - Specific performance - Interim maintenance - Written agreement between the parties - As per 'Memo of Settlement' husband was to provide a residential house to the wife and has to pay Rs.40,000/- per month free of income tax for the maintenance of wife and daughter - In the suit wife held to be entitled to interim maintenance @..........
Motor Vehicles Act, 1939, Section 94, 95 -- Third party policy - Liability of Insurance Company - Gratuitous passengers - Third party policy does not cover liability to gratuitous passengers who are carried for hire or reward...........
Interpretation of Statutes -- Policy of Insurance - Held that where there is a doubt or ambiguity in the construction of law in the policy of insurance, the principle of contra proferentem would apply and the clause has to be construed against the insurer and in favour of the insured...........
Consumer Protection Act, 1986, Section 2(1),(g), Marine Insurance Act, 1963, Section 7, Contract Act, 1872, Section 148,160 -- Insurance claim - Marine Insurance (Cargo) Policy - Loss of three items of precious jewellary covered by policy though sold during the course of the exhibition but not delivered and retained by the Petitioner for exhibition in other cities of..........
Consumer Protection Act, 1986, Section 21(b) -- Insurance Claim - Repudiation by the respondent-Insurance Company on the ground that petitioner got insurance policy only after he found that his TMT test was positive and did not disclose this fact of his severe heart ailment - Order of the State Commission accepting the plea of the respondent-Insurance Company and..........
Insurance Claim -- Repudiation - Ground that the deceased had jaundice and suffered from cirrhosis of liver but these facts were not disclosed in his personal statement at the time of revival of the policy - Repudiation concerns only the alleged withholding of material information in the personal statement - It does not mention of a failure to reveal adverse effect of his..........
Consumer Protection Act, 1986, Section 12,17, Evidence Act, 1872, Section 58 -- Insurance claim - Repudiation by the respondent-Insurance Company on the ground that as per clause 9 of the policy conditions, no claim is admissible under the policy if the loss percentage of prawns in a pond due to any of the covered perils is below 80% - According to the Survey report the..........
