Court : Haryana State Consumer Disputes Redressal Commission SCDRC Panchkula
..... anr, ii (2010) cpj 1 (sc) has held as under:- .there is no disputing the fact that the surveyor/surveyors are appointed by the insurance company under the provisions of insurance act and their reports are to be given due importance and one should have sufficient grounds not to agree with the assessment made by them. we also add, that ..... 00 lacs for building-super structure, rs.20.00 lacs for plant machinery and accessories and rs.20.00 lacs for stock and stocks in process). in the insurance policy, there was clause 4, that is, reinstatement of value policy clause. 2. on january 5th, 2013, at about 3.30 a.m. fire took place in the premises of ..... by harpal and associates that the useful life of the building was reduced to 50% approximately. the photographs taken on the spot are exhibit c-44 (25 photographs). 4. the grievance of the complainant is that the surveyor has wrongly assessed the loss and applied method of deduction of depreciation wrongly and illegally. 5. the complainant filed .....
Tag this Judgment!Court : Haryana State Consumer Disputes Redressal Commission SCDRC Panchkula
..... on december 27th, 2010. the information was given to the appellants-insurance company on january 4th, 2011. the insurer did not pay the insurance benefits to the respondent-complainant. 3. the respondent filed complaint under section 12 of the consumer protection act, 1986. 4. the appellants-opposite parties contested complaint by filing written statement. the ..... with the registering authority and thus violated the provision of section 39 of the motor vehicles act. secondly, that f.i.r. was lodged with the police after three days and information to the insurance company was given after eleven days and since the respondent-complainant violated the terms and conditions of ..... condition should not prevent settlement of genuine claims, particularly when there is delay in intimation or in submission of documents due to unavoidable circumstances. the insurers decision to reject a claim shall be based on sound logic and valid grounds. it may be noted that such limitation clause does not work in .....
Tag this Judgment!Court : Haryana State Consumer Disputes Redressal Commission SCDRC Panchkula
..... respondents vehicle (tata-407) is 2350 kgs. it is not in dispute that ishwar singh was holding a license to drive light motor vehicle. so, the appellant-insurance company was not justified in repudiating respondents claim. 11. in view of the above, no case for interference in well reasoned order of the district forum is made ..... ishwar singh was holding a driving license (exhibit c-6) to drive light motor vehicle (for short lmv). 8. section 2(21) of the motor vehicles act defines light motor vehicle as under:- light motor vehicle means a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or ..... loss to the extent of rs.2,24,609.90. the insurer did not pay the benefits of insurance to the respondent-complainant and repudiated respondents claim by repudiation letter dated december 16th, 2011. 3. the respondent filed complaint under section 12 of the consumer protection act, 1986. 4. the appellant-opposite party contested complaint by filing written statement. .....
Tag this Judgment!Court : Haryana State Consumer Disputes Redressal Commission SCDRC Panchkula
..... nature and as such the theft had taken place on account of his negligence. 3. the respondent filed complaint under section 12 of the consumer protection act, 1986. 4. the appellant contested the complaint by filing written statement denying the averments of the respondent. it was pleaded that the respondent -complainant had not taken care ..... , this condition should not prevent settlement of genuine claims, particularly when there is delay in intimation or in submission of documents due to unavoidable circumstances. the insurers decision to reject a claim shall be based on sound logic and valid grounds. it may be noted that such limitation clause does not work in isolation ..... prove that the vehicle was stolen. 12. thus, the repudiation of respondents claim was contrary to the letter annexure-a, stated above because intimation to the insurance company after 12 days is not significant in genuine claim of the respondent-complainant. a person who lost his vehicle which was being used by him for .....
Tag this Judgment!Court : Haryana State Consumer Disputes Redressal Commission SCDRC Panchkula
..... the following remarks:- the company is not liable to pay in the event of death of insured animal due to disease occurring within 15 days from the commencement of risk.? 5. the respondent filed complaint under section 12 of the consumer protection act, 1986. 6. the appellant contested complaint by filing written reply wherein it denied the averments made ..... in another write-up, under the heading bloat in cattle, it has been mentioned that :- death may occur quickly, but usually does not take place until 2 to 4 hours after the onset of bloat. when the bloat becomes severe enough, the animal collapses and dies quickly, almost without a struggle. death is likely caused by suffocation, when ..... is not a disease and death may occur quickly but usually does not take place until 2-4 hours after the onset of bloat. so, the case of the complainant does not fall under the clause referred to above in the insurance policy. 15. for the reasons recorded supra, the order passed by the district forum does not .....
Tag this Judgment!Court : Haryana State Consumer Disputes Redressal Commission SCDRC Panchkula
..... authority. 7. no other point was argued. 8. in view of the above, the district forum was justified in issuing direction to the appellants to pay the insurable benefits to the respondent. 9. hence, finding no merit in this appeal, it is dismissed. 10. the statutory amount of rs.25,000/- deposited at the ..... executing an agreement. an affidavit to this effect was also sworn by seller sanjay. on the basis of the aforesaid documents, bajaj allianz general insurance company limited-opposite parties (appellants herein) insured the vehicle for the period october 29th, 2010 to october 28th, 2011 vide cover note annexure-a. the respondent applied for transfer of ..... the ground that on the date of accident, the respondent was not the registered owner of the vehicle. 4. challenging the repudiation of his claim, the respondent filed complaint under section 12 of the consumer protection act, 1986 which on having been contested by the appellants. 5. district consumer forum allowed the complaint vide order .....
Tag this Judgment!Court : Haryana State Consumer Disputes Redressal Commission SCDRC Panchkula
..... 2011 (decided on 4.4.2011), that the revival of a policy amounts to a new contract and, therefore, a fresh declaration is taken at the time of revival of the policy and, therefore, no benefit can accrue to respondent in this case by taking the shelter of section 45 of the insurance act, 1938. we also agree ..... with counsel for petitioner that there is adequate credible evidence on record that the respondents husband was suffering from tuberculosis and that he had suppressed this material fact. this has been established by the medical certificate of the district tuberculosis officer which we note, was supplied by the respondent herself to the petitioner/insurance ..... -10. 3. the consideration for issue in hand is as to whether the revival of the policy is a new contract? 4. it is well settled law that the revival of the insurance policy is a fresh policy because a fresh declaration and personal statement is submitted by the assured. 5. in revision petition no .....
Tag this Judgment!Court : Haryana State Consumer Disputes Redressal Commission SCDRC Panchkula
..... and the evidence adduced on the record, district forum accepted complaint in the following terms:- ..we allow the complaint of complainant and direct the respondent no.4 (being insurer) to pay a sum of rs.50,000/- to the complainant, as compensation for mental agony, harassment as well as suffering pains and wages because he ..... in case the respondent fails to comply with the order, the complainant shall be at liberty to initiate action under section 25 and 27 of the consumer protection act against them.? 7. aggrieved against the order of the district forum, the opposite parties have come up in appeal. 8. indisputably, pardeep kumar-respondent no.1 ..... as well as the general manager, haryana roadways, yamuna nagar but no action was taken. 4. the respondent no.1 filed complaint under section 12 of the consumer protection act, 1986. 5. the opposite parties (appellant and respondents no.2 to 4) contested complaint. they denied the averments made in the complaint and prayed for dismissal of .....
Tag this Judgment!Court : Haryana State Consumer Disputes Redressal Commission SCDRC Panchkula
..... files perused. 10. the opposite parties, that is, the assurance company repudiated complainants claim with respect to jewellery articles drawing an inference that the insured is not expected to leave the jewellery articles at the house in absence while going out station and also that the complainant returned after more than ..... forum, (for short district forum), panchkula in complaint no.185/2012. 2. major general r.d. mishra (retd.)-complainant got insured his jewellery and other valuable household articles, vide insurance policy (annexure r1-2/c), with the new india assurance company limited-opposite parties (hereinafter referred to as assurance company) for ..... paid to the complainant vide claim disbursement voucher dated july 28th, 2010 (annexure r1-2/a). 4. not satisfied with the amount of compensation, the complainant filed complaint under section 12 of the consumer protection act, 1986. 5. the assurance company filed written statement denying the averments made by the complainant. 6 .....
Tag this Judgment!Court : Haryana State Consumer Disputes Redressal Commission SCDRC Panchkula
..... by simply stating that damage was due to structural deficiency. learned counsel for the appellants has admitted that it was a class structure which was insured with the appellants. there was no structural deficiency on the ground of which the claim was repudiated. the appellants have miserably failed to adduce even ..... district forum), panchkula, whereby complaint filed by m/s ekta poultries-complainant (respondent herein) seeking direction to the appellants-opposite parties to pay the benefits of insurance was accepted in the following terms:- 12. ..we hereby allowed the complaint partly and direct the opposite parties as under: 1. to settle the claim ..... 2011 (annexure c-11). legal notice (annexure c-12) was also served upon the appellants but to no effect. 4. the respondent filed complaint under section 12 of the consumer protection act, 1986 before the district forum. 5. the appellants-opposite parties contested complaint by filing written statement stating therein that the claim .....
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