Rajasthan

StateCommission

A/1426/2015

Ramswaroop S/o Bal Ram - Complainant(s)

Versus

New India Ins. Co. Ltd. Through President - Opp.Party(s)

Raj Kumar Tongawat

04 Mar 2016

ORDER

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

 

 

FIRST APPEAL NO: 1426 /2015

 

Ramswaroop r/o village Bhensheda,PS Pahari Distt. Bharatpur

Vs.

New India Insurance Co. Ltd. 87 Mahatama Gandhi Marg, Kila Mumbai through President & ors.

 

Date of Order 4.3.2016

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Hon'ble Mr,K.K.Bagri- Member

Mr. Kailash Soyal -Member

 

Mr.Rajeev Sogarwal counsel for the appellant

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal has been filed against the judgment of the

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learned DCF, Bharatpur dated 29.10.2015 whereby the claim has been dismissed on the ground that information of the incident has been given after two months' delay to the Insurance Company.

 

The contention of the appellant is that they have explained the delay hence,his claim should not have been rejected.

 

Heard the counsel for the appellant and perused the impugned judgment .

 

It is not in dispute that the vehicle was stolen on 5.5.2009 and for the same the FIR has been lodged by way of complaint on 23.5.2009 and information to the Insurance Company has been sent through letter on 6.7.2009. Hence, after about two months' delay the information has been given to the Insurance Company which was a clear breach of policy condition and in the case of Oriental Insurance Company Vs. Parvesh Chadda (Civil Appeal No. 6739/2010 decided on 17.8.2005 ) the Apex Court has held that if there is breach of condition as regard to delay in giving information and the claim should have been

 

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repudiated, there is no deficiency on the part of the Insurance Company.

 

In view of above there is no merit in this appeal and the appeal is liable to be rejected.

 

 

(Kailash Soyal) (K.K.Bagri) (Nisha Gupta )

Member Member President

 

 

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