Insurance claim -- Exclusion clause - Repudiation - Vehicle insured under the commercial vehicle (Goods carrying) `B' policy - Accident took place due to mechanical breakdown of vehicle as per reports of three surveyors - The risk of the said accident not covered as per exclusion Clause (a) of Section 1 - The findings of the District Forum that the insurer was not liable..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Exclusion of time spent in litigation - Complaint filed before the District Forum after two years two months and eight days of sale of car - Complainant spent a period of 8 months in litigation at Patiala - The period of eight months liable to be excluded from this - The complaint clearly falls within the period of..........
Limitation Act, 1963, Section 15(2) -- Municipal Corporation Act, 1976, Section 396 - Limitation - Computation of - Notice period - Exclusion of - In Municipal Corporation Act, two months notice is required to be issued before a person could file a suit - Notice period has to be excluded while computing the limitation period...........
Insurance claim -- Jewellers Block Insurance Policy - Repudiated - Ground that theft committed by guard of complainant - Same fell within exclusion clause of the policy - Security guard was acting as an employee of the Security Agency - Answerable to that agency - Drawing his remuneration from that agency - No relationship of master and servant between the security guard..........
Consumer Protection Act, 1986, Section 2(1) -- Insurance Claim - Complaint - Dismissal for non prosecution - Appeal also dismissed - Order not interfered in revision - Complaint held entitled to seek exclusion of time spent in the State Commission as well as in the National Commission of the petitioner choose to file a civil sit...........
Insurance claim -- Burglary and House breaking Policy - Repudiation of claim - Ground that on account of cyclone on 29.10.99 mob looted the factory by entering forcibly on 31.10.99 and the loss not covered by Fire policy and the loss is not covered under Burglary policy due to exclusion clause - Loss assessed at Rs. 34,95,755/- by Surveyor - Held that not even remotely..........
Insurance Claim -- Medi-claim policy - Exclusion clause - First pace maker implanted on 22.4.2001 and respondent claimed an amount of Rs. 85,000/- - On getting no relief second pacemaker was implanted on 1.9.2001 for which claim of Rs. 1,03,850/- was made - Insurance company relying on exclusion clause treating both the claim continuation of the previous disease offered..........
Civil Procedure Code, 1908, Section 60 -- Attachment of property - Exclusion of property of an agriculturist - Not excluded - Only Building and Houses excluded in Sec 60 - Objection as to sale of agricultural land in execution of decree liable to be rejected - Further plea that such sale is prohibited in view of bar under S.37 of Rajasthan Tenancy Act also not tenable..........
Will -- Execution - Suspicious circumstances - No satisfactory explanation as to why testator did not specifically incorporated in Will his other properties - All properties which were self acquired properties of testator bequeathed to son to exclusion of his only daughter - No explanation for non examination of son as a witness - Relations of testator with son not cordial..........
Succession Act, 1925, Section 63 -- Will, validity of - Heavy burden on propounder of dispelling suspicious circumstances surrounding the Will - Suspicious circumstances surrounding the Will - (i) testator died 5 days later after execution of Will, (ii) Will did not see light of the day for over 20 years, (iii) Will recorded on ordinary paper, (iv) Will not registered, and..........
