Consumer Protection – Insurance claim – Theft of vehicle – Delay in informing the insurance company– Claim repudiated– Appellant filed complaint before District forum, allowed – Appeal, dismissed by State Commission – Appellant had also filed appeal seeking enhancement of compensation which was partly allowed as the rate of interest awarded was increased from 6% to 9% – Revision Petition filed by Insurance Company, allowed by NCDRC – On appeal, held: FIR was lodged immediately by the appellant on the next day of the occurrence of theft of the vehicle – Accused were also arrested and chargesheeted, however, the vehicle could not be traced out – Insurance Company has not repudiated the claim on the ground that it was not genuine but only on the ground of delay – When the claim of the insured was not found to be not genuine, the Insurance Company could not have repudiated the claim merely on the ground that there was delay in intimating about the occurrence of the theft – NCDRC should not have set aside the orders of the District Forum and State Commission by holding that the repudiation of the insurance claim by the insurance company was justified – Impugned order set aside – Order of State Commission affirmed.
Gurshinder Singh v. Shriram General Insurance
Company Ltd. & Another 2020 (11) SCC 612 : [2020]
2 SCR 564 – relied on.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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