State Consumer Disputes Redressal Commission
Mohammad Hamid Ansari vs D.M, The Oriental Insurance Co.Ltd on 1 February, 2023
Appeal Mohmmad Hamid Ansari Date of Pronounced Case No. Vs. on 01 -02-2023 FA/2022/11 Divisnol Manager ,The Oriental Insu .Co.Ltd FA/2022/11 CC/2020/13 Allow Page 1 of 9 Appeal Mohmmad Hamid Ansari Date of Pronounced Case No. Vs. on 01 -02-2023 FA/2022/11 Divisnol Manager ,The Oriental Insu .Co.Ltd MP.19-H.A.4025 Allow Page 2 of 9 Appeal Mohmmad Hamid Ansari Date of Pronounced Case No. Vs. on 01 -02-2023 FA/2022/11 Divisnol Manager ,The Oriental Insu .Co.Ltd Allow Page 3 of 9 Appeal Mohmmad Hamid Ansari Date of Pronounced Case No. Vs. on 01 -02-2023 FA/2022/11 Divisnol Manager ,The Oriental Insu .Co.Ltd Lakhmi Chand Vs Reliance General Insu. Co. Ltd (Arising out of SLP (c) No.s 37534-37535 of 2013) Order daed 07-01-2016 , Appeal No FA/15/159 Raipur Power and Steel Limited Vs The New India Assurance Co. Ltd Order daed 13-10-2015 Allow Page 4 of 9 Appeal Mohmmad Hamid Ansari Date of Pronounced Case No. Vs. on 01 -02-2023 FA/2022/11 Divisnol Manager ,The Oriental Insu .Co.Ltd Limitation of use Allow Page 5 of 9 Appeal Mohmmad Hamid Ansari Date of Pronounced Case No. Vs. on 01 -02-2023 FA/2022/11 Divisnol Manager ,The Oriental Insu .Co.Ltd
10. Amalendu Sahoo (Supra) "14. In this connection reference may be made to a decision of National Commission in the case of New India Assurance company Limited v. Narayan Prasad Appaprasad Pathak, reported in II (2006) CPJ 144 (NC). In that case also the question was, whether the insurance company can repudiate the claims in a case where the Allow Page 6 of 9 Appeal Mohmmad Hamid Ansari Date of Pronounced Case No. Vs. on 01 -02-2023 FA/2022/11 Divisnol Manager ,The Oriental Insu .Co.Ltd vehicle carrying passengers and the driver did not have a proper driving licence and met with an accident. While granting claim on non-standard basis the National Commission set out in its judgment the guidelines issued by the insurance company about settling all such non-standard claims. The said guidelines are set out below:
Sr. Description Percentage of settlement No.
(i) Under declaration of Deduct 3 years' differene in licensed carrying capacity premium from the amount of claim or deduct 25% of claim amount, whichever is higher.
(ii) Overloading of vehicles Pay claims not exceeding 75 % of beyond licensed carrying admissible claim. capacity
(iii) Any other breach of Pay upto 75% of admissible warranty/condition of claim.
policy including limitation as to use.
15. From a perusal of the aforesaid guidelines it is clear that one of the cases where 75% claim of the admissible claim was settled was where condition of policy including limitation as to use was breached.
16. In the instant case the entire stand of the insurance company is that claimant has used the vehicle for hire and in the course of that there has been an accident. Following the aforesaid guidelines, this Court is of the opinion that the insurance company cannot repudiate the claim in toto."
Amalendu Sahoo (Supra)
Limitation of use
Allow Page 7 of 9
Appeal Mohmmad Hamid Ansari Date of Pronounced
Case No. Vs. on 01 -02-2023
FA/2022/11 Divisnol Manager ,The Oriental Insu .Co.Ltd
(Non standard Basis)
75% , 75,375
Lakhmi
Chand Vs Reliance General Insu. Co. Ltd (Supra) , Raipur Power and Steel Limited Vs The New India Assurance Co.
75% ,
Allow Page 8 of 9
Appeal Mohmmad Hamid Ansari Date of Pronounced
Case No. Vs. on 01 -02-2023
FA/2022/11 Divisnol Manager ,The Oriental Insu .Co.Ltd
(Non standard Basis)
Date of Pronounced on 01/02/2023
Allow Page 9 of 9