Pyare Lal vs The General Manager, Reliance General ... on 21 October, 2013
11. However, the perusal of the record of the District Forum
shows that only the insurance cover was given by the opposite
parties to the complainant, the same has been placed as Ex. C-2.
FIRST APPEAL NO. 143 OF 2009 6
The terms and conditions were not supplied to the complainant,
therefore, in case the terms of the policy have not been issued to the
complainant then how the opposite parties can rely upon the terms
and conditions and its violation. However, in the latest judgment of
the Hon'ble National Commission "New India Assurance Co. Ltd.
versus Smt. Malti Bhikhabhai Bhoya", 2013 (2) CPR 462 (NC)
wherein it has been observed that if there is any breach of warranty
or condition of policy including limitation as to use, the complainant is
entitled to get 75% of the admissible claim on non-standard basis and
there is another judgment of the Hon'ble National Commission "New
India Assurance Company Ltd. versus Konda Srinivasa Rao",
2013(2) CPR 564 (NC) on the same point. In that case, claim
repudiated on the ground of overloading - State Commission
awarded 75% of the claim on non-standard basis. - Order passed by
the State Commission does not suffer from any infirmity on any
score."