BEFORE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT HYDERABAD

F.A.No.761 OF 2011 AGAINST C.C.NO.77 OF 2010 DISTRICT FORUM KURNOOL

Between:

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Samudrala Pandurangiah S/o Venkata Subbaiah
H.No.2-275, Chittluruvari Street
Nandyal.                                           

Counsel for the Appellant        

Counsel for the Respondent    

         QUORUM:  

                       SRI THOTA ASHOK KUMAR, HON’BLE MEMBER

MONDAY THE FIFTEENTH DAY OF OCTOBER

Oral Order (As per Sri R.Lakshminarasimha Rao, Hon’ble Member)

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1.          Whether the repudiation of the claim is justified?

2.          To what relief?

8.            :

“1. Notice shall be given in writing to the Company immediately upon the occurrence of any accident or loss or damage and in the event of any claim and thereafter the insured shall give all such information and assistance as the Company shall require.

           “1. Notice shall be given in writing to the Company immediately upon the occurrence of any accident or loss or damage and in the event of any claim and thereafter the insured shall give all such information and assistance as the Company shall require.

Word ‘immediately’ has not been defined under the Act. Resort has to be made to the dictionary meaning assigned to it.

As per Stroud’s Judicial Dictionary, Fifth Edition, word ‘immediately’ is defined as under: -

(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”.

As per Black’s Law Dictionary, Sixth Edition, word ‘immediately’ means: -

“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.”

According to Mitra’s Legal and Commercial Dictionary, Fifth Edition, word ‘immediately’ is defined as under: -

“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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