Insurance claim -- Repudiation - Suppression of material facts - What are material facts that is every circumstance, which could be relevant for a prudent insurer to fix premium or to decide whether he should take the risk - The test to determine materiality is; whether the fact has any bearing on the risk undertaken by the insurer - If the fact has any bearing on the risk..........
Insurance claim -- Repudiation - Ground that the insurance was obtained with fraudulent intention as the real age of the life assured was concealed in the proposal form - Declaration form and the proposal form is not in the handwriting of the deceased - All entries made by the agent concerned - In the declaration form the Doctor gave the certificate - It was the duty of..........
Insurance claim -- Repudiation - Ground that driver had no valid driving licence at the time of accident and the driving licence of another persons was misused to get the insurance claim - Clearly established that `R' and `D' are two different persons and at the time of accident `R' was driving the tractor and not `D' - It was wrong on the part of the complainant to have..........
Insurance claim -- Truck - Fire accident - Repudiation - Ground that the claim did not fall within the purview of the terms and conditions of the insurance - Evidence showing that the appellant had taken due care for protecting the vehicle and the contents therein from possible catch by fire likely to be caused due to friction of the two wires - Cannot be said that they..........
Insurance claim -- Category Plan Policy `A' in respect of complainant's house constructed in the fields - Claim on account of the damage caused to the house by floods - Repudiation - District Forum dismissed the complaint without going into and evaluating the evidence to hold that detailed reasons given in the letter of repudiation are sufficient to rebut any charge of..........
Insurance claim -- Repudiation - Plea that there was delay of one day as last date for payment of premium was 28.9.1992 and the same could have been deposited within a grace period of one month - Death of the husband of the respondent took place on 29.10.1992 - Findings of the District Forum as affirmed by the State Commission that grace period continued till 29.10.1992..........
Insurance claim -- Repudiation - On the ground that the vehicle was registered to carry five passenger apart from driver but at the time of the accident there were 20 persons travelling in the vehicle - There was no evidence that the accident occurred on account of excess passengers - It was also not proved that those persons who were in vehicle had paid any charges -..........
Insurance claim -- Repudiation - Lorry insured for one year against third party risk on 17.3.1989 - On 3.7.1989 additional amount remitted by complainant for conversion of the policy so taken into one of comprehensive policy - Lorry met with accident on 9.7.1989 - Claim repudiated on the plea that accident took place prior to 30.6.1989 - No supporting document produced in..........
Insurance claim -- Repudiation - Ground that risk due to flood and cyclone not covered - Premium paid by the complainant for policy covering flood and cyclone risk - Policy for the year 1989-90 issued after the loss has occurred and risk of cyclone and flood deleted but not shown how the remaining premium utilized - Plea of the OP that in the year 1987 complainant..........
Insurance claim -- Motor Cycle looted - Repudiation of claim - Ground that the complainant did not have a valid driving license - Not having a valid driving licence will not bar the complainant from seeking the insurance amount of the motor cycle when it was a subject of looting...........
