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Smt. Niharika Maurya vs Chief Manager on 21 April, 2011

This Commission in Raghuwans Mani Vs. The New India Assurance Co. Ltd. & Anr., R.P.No.2626 of 2005, decided on 20th October, 2009 after a comprehensive analysis has held that the insurance company being in a dominant position paid the amount getting the Discharge Voucher but that does not mean that the Discharge Voucher was given voluntarily. Mere execution of the Discharge Voucher and acceptance of insurance claim would not estop the insured from making further claim. It was observed as under:
National Consumer Disputes Redressal Cites 6 - Cited by 0 - Full Document

Smt. Ram Bai vs United India Insurance Company Limited on 29 January, 2014

5. Shri G.L. Yadu, learned counsel for the appellant/complainant, argued that the appellant/complainant sent immediate information regarding the incident to the respondent/O.P. and the respondent/O.P. forcibly obtained discharge voucher from her and one Mr. Pawan Jain, wrote that the payment was not in lieu of full satisfaction and the respondent/O.P. deliberately suppressed the facts regarding the above endorsement written by Mr. Pawan Jain, in the discharge voucher. Therefore, the District Forum, erred in deciding the case and learned District Forum did not appreciate the case in its right perspective, hence the order passed by the District Forum, is liable to be set aside and complainant/appellant is entitled for rest of the amount i.e. Rs.86,857/- He placed reliance on judgments of Hon'ble National Commission in the case of National Insurance Company Ltd. v. Vasavi Traders, I (2008) CPJ 487 (NC); Oriental Insurance Company Limited & Ors. v. Government Tool Room and Training Centre, I (2008) CPJ 267 (NC); Revision Petition No.2626 of 2005 in the case of Raghuwans Mani v. The New India Assurance Company Limited and Another order dated 20.10.2009.
State Consumer Disputes Redressal Commission Cites 8 - Cited by 0 - Full Document
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