Rajasthan

StateCommission

A/753/2017

Future Generali India Insurance Company Limited Through Its C.A. - Complainant(s)

Versus

Rajesh Rathi s/o Shri Bhanwar Lal Ji Rathi - Opp.Party(s)

Varun Chauhan

17 May 2018

ORDER

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

 

FIRST APPEAL NO: 753 /2017

 

Future Generali India Insurance Co.Ltd. off- Royal World, 2^nd floor, Sansar Chandra Road, Jaipur.

Vs.

Rajesh Rathi s/o late Bhanwarlal Rathi r/o 240, Sadar Bazar, Nasirabad, Ajmet & ors.

 

Date of Order 17.5.2018

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

 

Mr. Varun Chauhan counsel for the appellant

Mr.Kamal Chamaria & Mr.S.P.Gandhi counsel for the respondents

 

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

 

This appeal has been filed against the order passed by

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the District Forum, Ajmer dated 10.5.2017 whereby the claim is allowed after deducting No claim bonus amount alongwith interest.

 

The contention of the appellant is that material facts have been suppressed as regard no claim bonus hence, the claim should have been dismissed.

 

Per contra the contention of the respondent is that the claim has rightly been allowed.

 

Heard the counsel for the parties and perused the impugned judgment as well as original record of the case.

 

The fact is not in dispute that no claim bonus was availed by the consumer and this fact was found false. The appellant has relied upon the judgment passed by the National Commission in Revision Petition No. 4470/2014 Inderpal Rana Vs. National Insurance Co. where claim has been dismissed on the ground of mis-representation but reliance could be placed on 2016 NCJ 764 (NC) National Insurance Co. Vs. Harpreet Singh where the National Commission has held as under:

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“On reading of the above, it is clear that where the insured is unable to produce any evidence pertaining to his No claim Bonus entitlement he may be permitted to give a declaration in support of his Non claim Bonus. It is further provided in the tariff that notwithstanding the above declaration the insurer allowing the No claim Bonus shall be under obligation to write to the policy issuing office of the previous insurer seeking confirmation of entitlement of the insured and the rate of No Claim Bonus and previous insurer shall be under obligation to respond to said query within 30 days. It is further provided that failure of the insured granting No claim Bonus to write to the previous insurer within 21 days shall constitute the breach of tariff. In the instant case admittedly no communication was sent by the petitioner to the previous insurer within 21 days after granting the insurance cover to the insured. This obviously amounts to breach of tariff on the part of the petitioner insurance company and disentitle the insurance company to take shelter of the plea of misrepresentation of facts on the part of the petitioner. However, the fact remains that respondent-complainant on the basis of false declaration given to the petitioner paid 25% less premium. Therefore, the equity demands that bonus payable to the complainant in respect of his insurance claim should be decreased by 25%.”

 

Further relied could be placed on II (2016) CPJ 459 (NC) National Insurance Co. Vs. Jagir Kaur,. 2017 (2) CPR

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553 United India Insurance Co. Vs. Jindal Poly Buttons Ltd. where the National Commission is of the view that where insured had taken benefit of No Claim Bonus by making false declaration his insurance claim would be reduced proportionately.

 

The respondent has also relied upon the judgment passed by this Commission in First Appeal No. 844/2016 Oriental Insurance Co. Vs. Mukesh Khandelwal.

 

The other contention of the appellant is that as per surveyor the loss assessment is only for Rs. 44,363/- and the claim should not be allowed on the bills whereas the contention of the respondent is that survey report has not been submitted before the Forum below.

 

It is true that survey report has not been submitted before the Forum below but the contention of the insurance company in written statement was that the assessment of the surveyor is Rs. 44,363/-. The perusal of survey report goes to show that the assessment is made on nil depreciation for Rs.53,585/-. No claim bonus is 20% hence, claim is

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allowed after deducting 20% of Rs. 53,585/- .

 

In view of the above the appeal is partly allowed. The respondent is entitled for Rs. 42,868/-. Other terms need no interference.

(Nisha Gupta) President

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