Court : Assam State Consumer Disputes Redressal Commission SCDRC Gauhati
..... of material fact came up for consideration before the apex court in air 1962 sc 814, mithoolal nayak v. life insurance corporation of india. no doubt that was with regard to the section 45 of the insurance act, 1938. the supreme court pointed out that there must be three conditions from which an inference can be drawn regarding suppression of ..... that there have been concealment of material facts in the proposal. district forum did not accept this contention and accordingly the claim was allowed as indicated above. hence, this appeal. 4. we have heard mr. s.s. sharma, advocate for the appellant and mr. p.c. borpujari, advocate for the respondent. mr. sharma relied on iii (1996) cpj ..... of pain confined to right hypochondrium with radiation to the back. (iii) detected to be a diabetic on this visit and being treated by dr. v. seshaiah. (iv) history of having suffered from left pleura effusion and was on a.t.t. for 7 months. 3. after doing this operation the complainant made a claim before the .....
Tag this Judgment!Court : Assam State Consumer Disputes Redressal Commission SCDRC Gauhati
..... report he recommended thus : the claim is therefore, recommended for settlement at rs. 7,02,749/- which in my opinion will fairly and reasonably indemnify the insured. the complainant requested to settle the claim at rs. 12,84,158/-. in spite of repeated reminders the respondents have not settled the claim. hence the ..... complainant comes within the purview of section 2(d)(ii) of the consumer protection act, because the insurance company promised to indemnify the insured against unforeseen and sudden physical damage by any cause contained in the terms of the policy. undoubtedly, insurance is a service, therefore, we have no hesitation to come to the conclusion that ..... present complaint. 3. written version has been filed by the respondents repudiating the claim on various grounds. 4. we have heard mr. j. chutia, counsel appearing for the complainants and mr. p.n. choudhury, counsel appearing for the respondents. mr. chutia submits .....
Tag this Judgment!Court : Assam State Consumer Disputes Redressal Commission SCDRC Gauhati
..... of the vehicle no. axk-3198 and it was purchased under hire-purchase agreement with m/s. deepak finance company, respondent 3. the vehicle was duly insured with the insurance company, respondent 1 and respondent 2 is the divisional manager of the said company. the vehicle met with an accident on 10.9.89 and accordingly ..... motor accident claims tribunal or any other claim that might arise. the claim has not yet been settled. hence the present petition. 4. in the written objection filed on behalf of the insurance company only plea that has been taken is that the vehicle in question carried unauthorised passengers at the material time of accident which ..... vehicle to carry passengers illegally, we are of the opinion, that for this illegality, action may be taken by competent authority under the provisions of the motor vehicles act, 1988. therefore, this plea is not tenable and accordingly rejected. 9. regarding submission of mr. sahewalla that the above circular is not applicable to the case in .....
Tag this Judgment!Court : Assam State Consumer Disputes Redressal Commission SCDRC Gauhati
..... that the esi court has no jurisdiction to hear the matter, as the jurisdiction of the other forums have been ousted by section 75(3) of the employees state insurance act, 1948. section 75(3) is quoted below : no civil court shall have jurisdiction to decide or deal with any question or dispute as aforesaid or to adjudicate on ..... any liability which by or under, this act is to be decided by a medical board, or by a medical appellate tribunal or by the employees insurance court. 4. the question is whether the consumer forum has the jurisdiction to entertain this complaint. the consumer forum is ..... not a civil court, it is a special forum created by a special act. this aspect of the matter came up for consideration in (1991) .....
Tag this Judgment!Court : Assam State Consumer Disputes Redressal Commission SCDRC Gauhati
..... not produced the register to show that it was not received as stated in the counter. therefore, the plea taken by the insurance company cannot be accepted. 4. from the report of the surveyor vide annexure-iv to the counter affidavit, we find that the surveyor assessed a sum of rs. 3058.75 for the damage caused due to ..... in case of deficiency in service on the part of an insurance company, consumer forums have got jurisdiction. the national commission also considered the arbitration clause vis-a-vis section 3 of the consumer protection act, 1986 and held that the provisions of the above act are in addition to but not in derogation of any other ..... law enforced and consequently a complainant has the option to seek redress either under the act or under the provisions of any other law including to arbitration as provided in the policy of insurance. therefore, we hold that this commission has jurisdiction to entertain the present petition. 7. accordingly, the petition is .....
Tag this Judgment!Court : Assam State Consumer Disputes Redressal Commission SCDRC Gauhati
..... slight modification indicated below. 10. we find that the learned district forum rightly held the appellant insurance company liable for deficiency of service within the meaning of sections 2(1)(g) and (o) of the consumer protection act, 1986, for wrongly repudiating the mediclaim of the complainant/respondent. there is no infirmity or illegality ..... party no. 2 informed the complainant that his claim could not be entertained as per opinion of the panel doctors of the insurance company 4. being aggrieved at the decision of the opposite party insurance company the complainant filed a complaint in the district forum alleging deficiency in service on the part of the ..... with a feeling of heaviness in the rectum. 3. pain is not characteristic of haemorrhoid unless there is associated thrombosis or there is associated fissure-in-ano. 4. xxx xxx xxx 5. xxx xxx xxx on inspection, internal haemorrhoid without prolapse will not show any abnormal feature. during second and third degree haemorrhoid, .....
Tag this Judgment!Court : Assam State Consumer Disputes Redressal Commission SCDRC Gauhati
..... till the date of recovery. however this commission on the prayer made by the complainant passed an order on 19-12-92 directing payment of the agreed amount by the insurance company without prejudice to the claim of the petitioner. 6. the only question to be determined now is whether the complainant is entitled to an amount of rs. 2,74 ..... of rs. 2,74,000/-. the following sequence of events needs to be examined whether he is entitled for the same. it is admitted that the insurance period was from 5-9-90 to 4-9-91 and the fire broke out on 27-1-91. it is not denied that the complainant by his letter dated 28-1-91 informed the ..... second offer after re-consideration of the materials furnished in the meantime. the complainant cannot claim benefit of delay after 31-7-92. we find that no lapse or negligent act on the part of the opposite party in dealing with the matter. the opposite party has given due reconsideration on the quantum of compensation to be offered to the complainant .....
Tag this Judgment!Court : Assam State Consumer Disputes Redressal Commission SCDRC Gauhati
..... death of late gobindalal baruah was due to accident and that complainant was not aware of the policy. according to the insurance company, it was a mysterious death and no police was informed and no post-mortem was also performed. 4. heard mrs. b. dutta, learned counsel for the petitioner and mr. a.r. banerjee, learned counsel for the ..... quoted below: 44(a)on a policy of insurance three years when the sum insured is payable after proof of the death has been given to or received by the insurers.the date of the death of deceased, or where ..... insurance company. 5. the only point urged by mr. banerjee is that in view of article 44 of the indian limitation act, the present claim barred by limitation. the said article is .....
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