ORDER
PER SH. RAKESH KAPOOR, PRESIDENT


The complainant had purchased a policy of insurance in respect of
vehicle no. DL 3C A 45 from the OP which was valid for the period
11.6.2010 to 12.6.2011. The  vehicle had met with accidents firstly on
31.8.2011 and secondly on 31.5.2011. The claims lodged by the
complainant under the policy were repudiated by the OP insurance
company.   This led the complainant to file the present complaint.
The complaint has been constested by the OP.  In its written statement
, the OP has denied any deficiency in service and has claimed that the
complainant had not approached this forum with clean hands and had
concealed material facts.  It has claimed that the complainant was
guilty of misrepresentation and was, therefore, not entitled to the
claim lodged by him.   Paras (ii)&(iii) of the preliminary objections
of the written statement are relevant for the decision of this
complaint and are reproduced a under:-
ii.That the complainant has willfully violated the terms and
conditions of the policy by submitting false declaration at the time
of insurance contract while claiming the benefit of No Claim Bonus
wherein it is specifically stated by the complainant that no claim has
arisen under the previous policy and further the complainant agreed
and undertook to waive all the benefits under the policy if the
declaration was found to be incorrect. On enquiry it is found that a
claim was lodged by the complainant under the previous policy,
rendering the declaration false, which amounts to serious breach of
the policy conditions as well as the principle of utmost good faith.
The claim was repudiated in the justifiable manner on the basis of
false declaration submitted by the complainant at the time of
insurance, and communicated to the petitioner vide letter dated
11.05.2011. The present claim petition is liable to be dismissed on
this score alone.
iii. That the complainant willfully violated the conditions provided
under the policy. The relevant policy condition is reproduced
hereunder for the kind perusal of this Hon’ble Court: -
“Conditions”
This policy and schedule shall be read together and any word or
expression to which a specific meaning has been attached in any part
of this policy or of the schedule shall bear the same meaning wherever
it may appear.
9. The Due observance and fulfillment of the terms, conditions and
endorsements of this policy in so far as they relate to anything to be
done or complied with by the insured and the truth of the statements
and answers in the said proposal shall be conditions precedent to any
liability of the company to make any payment under this policy.”
Thus in view of above said conditions the claim was repudiated and
therefore the present suit is liable to be dismissed.
The OP insurance company has contested  the complaint on merits and
has reiterated that it had rightly repudiated the claim lodged by the
complainant.
We have heard arguments advanced at the bar and have perused the record.
The learned counsel for the OP has contended that the complainant had
misrepresented facts at thetime of the purchase of the insurane policy
and had claimed “no claim  bonus” @ 25% whereas on investigation it
had been found that the complainant had lodged and obtained the  claim
on the previous policy.  Our attention has been drawn to cover note
no. 523251 in this regard.   Our attention has also been drawn to the
policy of insurance Ex. OPW1/D  wherein a no claim bonus @ 25% has
been availed of .  We had put a specificquery to the learned counsel
for  the complainant who had admitted that the complainant had
received policy documents showing   receipt of “no claim bonus”.   We
are, therefore, of the considered opinion that the OP insurance
company was justified in repudiating the claim  on the ground of
misreresenaioln.   We take support  from the following judgments
reported as :
1. Flora Infotech Ltd V/s National Insurance   IV (2005)  CPJ 35 NC.
2. TATA AIG General Inurance Company LTd V/s Gulzari Singh 2010 (2)
CPR 152 (NC).
 In view of the discussion above , we see no merits in this complaint
which is hereby ismissed. Copy of the order be made available to the
parties as per rule.
    File be consigned to record room.
Announced in open sitting of the Forum on.....................