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Trilok Chand Parakh vs B.M.The Oriental Insurance Co.Ltd. on 28 January, 2017

On the above ground, the complaint of the appellant (complainant) is liable to be dismissed. The appellant (complainant) is not entitled to get any compensation from the respondent (O.P.). The appeal may be dismissed. He placed reliance on Revision Petition No.4126 of 2014 - The New India Assurance Company Limited Vs. Shri Surendra Kumar Bhilawe decided by Hon'ble National Commission vide order dated 23.02.2015 and Appeal No.FA/2015/645 - Om Shrivas Vs. Manager, // 6 // United India Insurance Company Limited, decided by this Commission vide order dated 22.03.2016.
State Consumer Disputes Redressal Commission Cites 18 - Cited by 0 - Full Document

The Oriental Insurance Co.Ltd. vs Narendra Kumar Jain on 20 July, 2018

8. Shri Shishir Bhandarkar, learned counsel appearing for the appellant (O.P.) has argued that the respondent (complainant) had sold the vehicle in question to one Abdul Latif and handed over the possession of the vehicle in question to Abdul Latif, therefore, the complainant was not having insurable interest on the vehicle in question at the time of incident, therefore, the complaint is not maintainable. The complainant is not entitled to get any compensation from the O.P. (Insurance Company) under the insurance policy. The incident took place on 09.05.2006 whereas the complainant gave intimation regarding the incident to the O.P. on 25.09.2006 belatedly, which is violation of terms and conditions of the insurance policy. When the O.P. received intimation regarding the incident from the complainant, the O.P. appointed Shri Piyush Tiwari, as Investigator for making investigation and also appointed Surveyor. The Surveyor gave his report, but the complainant had already sold the vehicle in question prior to the incident and he had no insurable interest on the vehicle in question, therefore, he is not entitled for getting claimed amount . The impugned order passed by the District Forum, is erroneous and is liable to be set aside.. He placed reliance on Appeal No.FA/2015/645 - Om Shrivas Vs. Manager, United India Insurance Company Limited, decided by this Commission vide order dated 22.03.2016, C.J. Thomas Vs. Eliakkutty and Others, 2010 ACJ 2057, decided by High Court of Kerala At Ernakulam; Vikrant Chemico Industries Pvt. Ltd. Vs. Kunal Singh, IV (2012) CPJ 8, decided by Delhi State Consumer Disputes Redressal Commission, New // 8 // Delhi, Revision Petition No.4126 of 2014 - The New India Assurance Co. Ltd. Vs. Shri Surendra Kumar Bhilawe; National Insurance Company Limited Vs. Deepa Devi and Others, 2008 ACJ 705 decided by Hon'ble Supreme Court; Alavi Vs. Velayudhan and others, 1989 ACJ 967 decided by Hon'ble High Court of Kerala at Ernakulam; New India Assurance Co. Ltd. Vs. Amar Chand and others, 2005 ACJ 1233, 2005 ACJ 1233, decided by Hon'ble High Court of Himachal Pradesh at Shimla; Sumathy and others Vs. Raghavan and others, 1997 ACJ 260, decided by Hon'ble High Court of Kerala at Ernakulam; and Oriental Insurance Co. Lt.d. Vs. Majeed and Others, 1997 ACJ 264, decided by Hon'ble High Court of Kerala at Ernakulam.
State Consumer Disputes Redressal Commission Cites 12 - Cited by 0 - Full Document
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