M/S Yash Agencies vs The New India Assurance Co.Ltd Through ... on 8 August, 2016
In The Divisional Manager, L.I.C. vs. Uma Devi, 1991 (1) CPR
662 (NC), Hon'ble National Commission, observed thus :-
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Divisional Railway Manager vs Smt. Uma Devi on 22 April, 2016
Shiv Prakash Gupta vs The Oriental Insurance Co.Ltd on 25 May, 2016
16. The Divisional Manager, L.I.C. vs. Uma Devi, 1991 (1) CPR 662
(NC), esa ekuuh; jk"Vªh; vk;ksx }kjk ;g fu/kkZfjr fd;k x;k gS fd%&
"8. The very fact that the Insurance Act provides for a machinery
for remedy for grievances arising out of repudiation of a claim under
section 45 leads to show that the Corporation has to satisfy a Court
that the repudiation was justified. Accordingly, it is for the consumer
to choose a forum convenient to him to seek remedy for the loss
suffered because of deficiency in service. As the provisions of this Act
are in addition to and not in derogation of any other law for the time
being in force, the State Commission has the jurisdiction to entertain
the complaint and to investigate whether the repudiation was justified
or not and to grant such relief as deems fit if it is satisfied that there
was deficiency in service.
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