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Insurance policy

2024 SCC Vol. 2 Part 3
Cases ReportedSCC Weekly

2024 SCC Vol. 2 Part 3

Arbitration and Conciliation Act, 1996 — S. 34: Objections to the award: Law summarised relating to Court’s power to review awards under

Published on March 6, 2024March 5, 2024By Bhumika Indulia
Leave a comment2606 views
national consumer disputes redressal commission
Case BriefsTribunals/Commissions/Regulatory Bodies

Policy issued after inspection, objections of misrepresentation or non-disclosure cannot be raised after structure was gutted in fire: NCDRC

NCDRC concluded that the Insurance Company failed to establish any misrepresentation or non-disclosure of material facts while obtaining the insurance policy.

Published on November 30, 2023November 30, 2023By Ridhi
1 Comment2065 views
Bombay High Court
Case BriefsHigh Courts

“Newborn baby includes both ‘full term’ or ‘pre-term’”; Bombay High Court directs payment of insurance claim

Bombay High Court rejected the insurance company’s contentions and directed them to pay the claim of Rs 11,05,953 to the petitioner with interest and Rs 5 lakhs as costs of litigation.

Published on March 9, 2023March 10, 2023By Ridhi
Leave a comment2147 views
Case BriefsTribunals/Commissions/Regulatory Bodies

Forcing buyers to purchase insurance policies?  Even if dealers offer to sell insurance policies to customers, customers may yet have option to buy such policies from alternative channels: CCI

Competition Commission of India (CCI): The Coram of Ashok Kumar Gupta (Chairperson) and Sangeeta Verma and Bhagwant Singh Bishnoi (Members) addressed a

Published on March 30, 2022April 1, 2022By Bhumika Indulia
Leave a comment3440 views
Case BriefsTribunals/Commissions/Regulatory Bodies

Insurer refuses to issue insurance policy as Risk Confirmation letter obtained on concealment of material fact by Insurance Broker: Policy will be vitiated? NCDRC answers

National Consumer Disputes Redressal Commission (NCDRC): Ram Surat Maurya (Presiding Member) addressed a matter wherein the date of issue of the Risk

Published on January 27, 2022February 4, 2022By Bhumika Indulia
Leave a comment3135 views
Case BriefsTribunals/Commissions/Regulatory Bodies

Medical Negligence | Kidney instead of Kidney Stones removed: Whether hospital will be vicariously liable for its employee’s negligent act? Read to know

Consumer Disputes Redressal Commission, Gujarat State, Ahmedabad: Noting the fact that a patients Kidney was removed instead of the stones in the

Published on November 3, 2021November 8, 2021By Bhumika Indulia
3 Comments3646 views
National Consumer Disputes Redressal Commission
Case BriefsTribunals/Commissions/Regulatory Bodies

Person detected with schizophrenia denied mediclaim. Insurer saying claimant suffering since 20 yrs hid material facts: Read why NCDRC allowed the claim

National Consumer Disputes Redressal Commission (NCDRC): Justice Ram Surat Ram Maurya (Presiding Member) upheld the decision of State Commission with regard to

Published on September 21, 2021September 21, 2021By Bhumika Indulia
Leave a comment2737 views
Case BriefsTribunals/Commissions/Regulatory Bodies

Can insurance company repudiate claim if insured suppresses fact of suffering from ailment while taking policy? Telangana State Consumer Forum answers

State Consumer Disputes Redressal Commission, Telangana: Justice MSK Jaiswal (President) and Meena Ramanathan (Member) upheld the District Commission’s Order observing the consequence

Published on June 22, 2021June 22, 2021By Bhumika Indulia
1 Comment5093 views
National Consumer Disputes Redressal Commission
Case BriefsTribunals/Commissions/Regulatory Bodies

NCDRC | What are the obligations of the insured taking a Marine Insurance Policy? Principle of Utmost Good Faith favours whom? Commission delineates

National Consumer Disputes Redressal Commission (NCDRC): Anup K. Thakur (Presiding Member) dismissed a consumer complaint against the insurance company in case of

Published on February 2, 2021February 12, 2021By Bhumika Indulia
1 Comment2989 views
National Consumer Disputes Redressal Commission
Case BriefsTribunals/Commissions/Regulatory Bodies

NCDRC | What factors are to be considered to ascertain whether a discharge voucher in full and final settlement was signed voluntarily or undue influence? Commission considers

National Consumer Disputes Redressal Commission (NCDRC): C. Viswanath (Presiding Member) observed that: “Conduct of the insured becomes relevant on the facts of

Published on January 22, 2021February 5, 2021By Bhumika Indulia
Leave a comment4794 views
Case BriefsHigh Courts

Chh HC | S. 66 MV Act necessitates ‘permit’ for a passenger carrying commercial vehicle to make insurance company liable for compensation; Appeal partly allowed

Chattisgarh High Court: A Division Bench of P. R. Ramchandra Menon and Parth Prateem Sahu JJ., allowed the appeal partly and modified

Published on December 4, 2020December 11, 2020By Editor_4
Leave a comment4497 views
Case BriefsHigh Courts

[MV Act] Kar HC | Will absence of valid and effective DL by the offending driver absolve insurance company to pay compensation? “Pay and Recover” principle applied

Karnataka High Court: Ashok G. Nijagannavar, J., allowed the appeal and enhanced the compensation in light of the “pay and recover” principle.

Published on December 2, 2020December 11, 2020By Editor_4
Leave a comment5682 views
Case BriefsHigh Courts

Bom HC | If there is breach of policy condition, is the Insurance company still liable to pay compensation? HC explains in a motor accident case

Bombay High Court: Anil S. Kilor, J., decided an appeal wherein the claim petition was rejected by the Motor Accident Tribunal on certain

Published on September 23, 2020September 26, 2020By Bhumika Indulia
1 Comment5561 views
Case BriefsHigh Courts

Raj HC | Insurer directed to first compensate the claimants and thereafter recover the same from the insured party

Rajasthan High Court: P.K. Lohra J., in an appeal under Section 173 of the Motor Vehicles Act, 1988 upheld the decision of

Published on July 10, 2019July 11, 2019By Bhumika Indulia
Leave a comment2284 views
Case BriefsHigh Courts

Mad HC | Writ petition to enforce a contractual right of insurance claim against a private insurance company – maintainable, when action of the company has public law character

Madras High Court: Pushpa Sathyanaryana, J. while hearing a petition praying for mandamus against an insurance company, directed the said insurance company

Published on July 8, 2019July 16, 2019By Bhumika Indulia
Leave a comment6041 views
Case Briefs

Jhar HC | Person authorized to drive a vehicle by its owner, when dies –  covered under insurance policy on same terms and conditions, as applicable to the owner of vehicle

Jharkhand High Court: Anubha Rawat Choudhary, J. allowed an appeal made by an insurance company regarding their extent of liability towards a

Published on June 18, 2019June 27, 2019By Bhumika Indulia
Leave a comment3694 views
National Consumer Disputes Redressal Commission
Case BriefsTribunals/Commissions/Regulatory Bodies

NCDRC | Claim for insurance not maintainable where the insured does not prescribe to the terms of insurance policy

National Consumer Disputes Redressal Commission (NCDRC): Justice V.K. Jain (Presiding Member) dismissed an appeal filed by a jeweller, assailing repudiation of his

Published on April 9, 2019April 9, 2019By Bhumika Indulia
Leave a comment3298 views
National Consumer Disputes Redressal Commission
Case BriefsTribunals/Commissions/Regulatory Bodies

A party cannot be allowed to derive benefits of an insurance policy obtained by concealing vital facts about the insured property

National Consumer Disputes Redressal Commission (NCDRC): A Division Member Bench of Anup K Thakur, C. Viswanath, Members, dismissed a complaint filed against

Published on October 12, 2018November 20, 2018By Bhumika Indulia
Leave a comment2797 views
National Consumer Disputes Redressal Commission
Case BriefsTribunals/Commissions/Regulatory Bodies

Damages caused by acts done under the influence of alcohol are debarred from the insurance claim

National Consumer Disputes Redressal Commission (NCDRC): A Single Judge Bench comprising of V.K Jain, J., dismissed a consumer plaint for claim of insurance.

Published on September 7, 2018March 7, 2019By Bhumika Indulia
1 Comment4249 views
National Consumer Disputes Redressal Commission
Case BriefsTribunals/Commissions/Regulatory Bodies

Omission on part of bank resulting in lapse of insurance policy amounts to ‘deficiency in services’

National Consumer Disputes Redressal Commission (NCDRC): The Bench comprising of R.K. Agarwal, J., M. Shreesha, Member, dismissed the revision petition filed against

Published on August 2, 2018August 16, 2018By Bhumika Indulia
Leave a comment3530 views

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