BEFORE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT HYDERABAD
F.A.No.718 OF 2012 AGAINST C.C.NO.64 OF 2011 DISTRICT FORUM KURNOOL
Between:
G.Lakshamana Swamy S/o Aswartham Setty
H.No.4-58, Kothapeta, Bethamcherla Village-599
Kurnool District
1. M/s Bajaj Allianz General Insurance Co.Ltd.,
rep. by is authorized signatory, 3rd Kurnool-001
2. M/s Bajaj Allianz General Insurance Co.Ltd.,
rep. by its Managing Director, No.12, GE Plaza
Airport Road, Yerawada, Pune-006
Counsel for the Appellant
Counsel for the Respondent
QUORUM:
SRI THOTA ASHOK KUMAR, HON’BLE MEMBER
WEDNESDAY THE TWENTY SIXTH DAY OF JUNE
Oral Order (As per Sri R.Lakshminarasimha Rao, Hon’ble Member)
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i) New India Assurance Company Ltd vs Trilok Jane F.A.No. 321of 2005 decided on 9.12.2009.
ii) ICICI Lombard General Insurane Company Ltd vs Chennareddy Dasaradharami Reddy F.A.No. 423 of 2011 of this Commission decided on 24.09.201
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“ Immediately notify the Company by telephone or telegram as well as in writing, giving an indication as to the nature and extent of loss or damage
Also, as per Duties Following an Accident – The company shall not be liable for any loss or damage of which no notice and completed claim form have been received by the company with Fourteen days of its occurrence.”
10. The Apex Commission referred to the meaning of the word ‘immediately’ in various dictionaries as under:
Word ‘immediately’ has not been defined under the Act. Resort has to be made to the dictionary meaning assigned to it.
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(1). “The word “immediately”, although in strictness it excludes all mean times, yet to make good the deeds and intents of parties it shall be construed such convenient time as is reasonable requisite for doing the thing”.
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“Immediately. Without interval of time, without delay, straightway, or without any delay or lapse of time. When used in contract is usually construed to mean “within a reasonable time having due regard to the nature of the circumstances of the case”, although strictly, it means, “not deferred by any period of time. The words “immediately” and “forthwith” have generally the same meaning. They are stronger than the expression “within a reasonable time” and imply prompt, vigorous action without any delay.”
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“Immediately.th
The word ‘immediately’ is stronger than the expression ‘within a reasonable time’, and imply prompt, vigorous action, without any delay. It means all convenient speed. The word ‘immediately’ should not be construed so as to require doing something which is impossible.”
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As per Oxford Advanced Learner’s Dictionary, the word ‘immediately’ means ‘at once’ whereas Stroud’s Judicial Dictionary, Fifth Edition, word ‘immediately’ in the context of contract has to be taken as reasonable requisite time for doing the thing. As per Black’s Law Dictionary, Sixth Edition, word ‘immediately’ means doing of a thing straightway or forthwith but when used in the context of contract, it is usually construed to mean “within a reasonable time having due regard to the nature of circumstances of the case”. More or less to the effect, is the same meaning assigned in Mitra’s Legal and Commercial Dictionary, Fifth Edition. Since, in the present case, there was a contract between the insured and the insurer and, the word ‘immediately’, under the circumstances, has to be construed within a reasonable time having due regard to the nature of circumstances of the case.
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In the case of theft where no bodily injury has been caused to the insured, it is incumbent upon the respondent to inform the Police about the theft immediately, say within 24 hours, otherwise, valuable time would be lost in tracing the vehicle. Similarly, the insurer should also be informed within a day or two so that the insurer can verify as to whether any theft had taken place and also to take immediate steps to get the vehicle traced. The insurer can coordinate and cooperate with the Police to trace the car. Delay in reporting to the insurer about the theft of the car for 9 days, would be a violation of condition of the Policy as it deprives the insures of a valuable right to investigate as to the commission of the theft and to trace/help in tracing the vehicle.
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Hon’ble Supreme Court of India in
To the similar effect, is the Judgment of this Commission in
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19. we do not find any infirmity in the order of the District Forum and the appeal is liable to be dismissed.
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కె.ఎం.కె*
