Rajasthan

StateCommission

FA/423/2014

Yogesh Godela s/o Omparkash Verma - Complainant(s)

Versus

Divisonal Manager The Oriental Ins. Co. Ltd. - Opp.Party(s)

Anil Bhatia

28 Sep 2015

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

FIRST APPEAL NO: 423/2014

 

Yogesh Ghodela s/o Omprakash Verma, r/o 77 Kishore Vihar-B,Opp.Hirapura Power House,Gajsinghpura,Ajmer Road, Jaipur.

Vs.

Divisional Manager,The Oriental Insurance Co.Ltd.2^nd floor Anand Bhawan,Sansar Chandra Road,Jaipur.

 

 

Date of Order 28.9.2015

Before:

 

Hon'ble Mr.Vinay Kumar Chawla-Presiding Member

Mr. Kailash Soyal -Member

 

Mr.Pramod Kumar counsel for the appellant

Mr. Praveen Jain counsel for the respondent

 

BY THE STATE COMMISSION

 

This appeal has been filed against the judgment passed

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by the learned DCF Jaipur 4^th dated 24.1.2014 by which the complaint was allowed directing the Insurance Company to pay sub-standard claim as the complainant had made a wrong declaration with regard to 'No claim bonus” at the time of taking the policy. The complainant has filed this appeal for enhancement.

 

The learned counsel for the complainant has argued that it was the duty of the Insurance Company to verify the fact of “No claim Bonus” under GR 17 of the India Motor Tariff. The complainant cannot be held for any wrong declaration and the opposite party should be directed to allow the full claim. The learned counsel for the opposite party has opposed the prayed.

 

We have heard both the counsels. We are of the view that when a proposer makes a declaration with respect to “No claim Bonus” at the time of taking the insurance , it is incumbent upon the Insurance Company to verify the fact from the previous Insurance Company. This was not done by the Insurance Company and at the same time it cannot be denied that complainant has knowingly made a wrong declaration with regard to “No claim Bonus”.

 

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Hence, we do not wish to interfere with the order passed by the learned DCF and the appeal is liable to be dismissed. The order be complied with within one month from the date of this order after adjusting the amounts already deposited/paid if any.

 

 

 

( Kailash Soyal) (Vinay Kumar Chawla)

 

Member Presiding Member

 

 

 

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