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Kerala Court October 2010 Judgments

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Oct 01 2010

The New India Assurance Company Ltd., Calicut, Rep. by Regional Manage ...

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on: Oct-01-2010

JUSTICE SHRI. K.R. UDAYABHANU: PRESIDENT The appellant in Appeal No. 154/2006 is the opposite party/Insurance Company in OP No.185/2005 in the file of CDRF, Kozhikode. The appellant in Appeal No. 232/2006 is the complainant therein. The appellant/opposite party is under orders to pay a sum of Rs. 169650.73 towards the assured sum and Rs. 5,000/- as compensation and Rs. 500/- as costs. 2. The complainant has filed OP No. 232/2006 claiming the entire amount that he allegedly spent for repairing the vehicle ie, Rs. 2,58,675/-. The appellant/Insurance Company in Appeal No.154/2006 has contended that the claim is liable to be repudiated as the complainant who drove the vehicle at the time was not having any effective driving licence. The case of the complainant is that the vehicle owned by him ie, Chevrolet Forrester Car purchased by him for Rs. 13,00,000/- on 27-11-2003 met with an accident on 10-05-2004. According to him he had to spend a sum of Rs. 2,58,675 towards repairs. The claim was...


Oct 01 2010

M/S Oriental Insurance Co. Ltd., Rep. by Branch Manager, Branch Office ...

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on: Oct-01-2010

JUSTICE SHRI. K.R. UDAYABHANU: PRESIDENT Appellants are the opposite parties in OP No. 224/2004 in the file of CDRF, Thrissur. The appellants/Insurance Company is under orders to pay a sum of Rs. 20,000/- with interest at 12% per annum from 22-04-2002 and compensation of Rs. 4,000/- and costs of Rs. 500/-. 2. The case of the complainant is that he had availed a medi-claim/Group Insurance Policy through the Health Club of Aswini Hospital, Thrissur and that during the period of coverage of the policy he had underwent a surgery for removal of stone at Aswini Hospital and was an impatient from 22-04-2002 to 01-05-2002. The claim submitted was repudiated alleging that he had preexisting illnesses. 3. The opposite parties have admitted the policy coverage but contended that the complainant had undergone treatment a number of times earlier and that the same was not disclosed and further he had stomach pain and urinary problems from 21-08-2001. 4. Evidence adduced consisted of Exts. P1 to P3 a...


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