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Documents citing The New India Assurance Co. Ltd vs Anokhi Devi on 28 September, 2016

The Magma Hdi General Insurance Co. Ltd. vs Agasta Halwa on 24 January, 2023

In view of the decision of Hon'ble Supreme Court of India, the decision of the New India Assurance Co. Ltd. (supra) by NCDRC referred to by the learned counsel for the appellant will not be applicable to the present case. Hence, we are of the view that there is deficiency in service on the part of opposite party for not settling the claim of the complainant which we have already discussed.
State Consumer Disputes Redressal Commission Cites 4 - Cited by 0 - Full Document

Shriram Gen. Insu.Co. vs Mayank Singh on 23 April, 2026

In the decision of Hon'ble National Commission in Anokhi Devi (supra) relied upon by learned counsel for the appellant-insurance company it is held that repudiation of claim is justified if the vehicle in question is overloaded with goods, however, in the instant case, the insurance company has failed to prove that the truck was overloaded, therefore this case does not support the appellant-insurance company.
State Consumer Disputes Redressal Commission Cites 5 - Cited by 0 - Full Document

Cholamandalam Ms. Gen. Ins. Co. Ltd. vs Sh. Jhabar Mal S/O Panna Ram on 8 August, 2017

The contention of the respondent is that there is no evidence to the effect that on account of over loading the vehicle over turned and reliance has been placed on AIR 2016 Supreme Court 315 Lakshmi Chand Vs. Reliance General Insurance where on the facts of the case the offending vehicle was rash and negligent and the vehicle has not met with accident due to over loading but here in the present case the bare reading of the First Information Report clearly shows that the vehicle was over loaded and even driver was intoxicated and reliance has been placed on the judgment passed by the National Commission in Revision Petition No. 3525/2013 Dubey Travels Vs. Oriental Insurance Company and Revision Petition No. 2479/2014 New India Assurance Co. Ltd. Vs. Anokhi Devi where the National Commission has held that where the vehicle was carrying almost double the passengers such a huge over loading obviously adversely affects the steering control and increases the chance of driver losing the control of the vehicle which may result in accident which is the case here and further more the driver was also in drunken state hence, the appellant cannot be saddled with the liability.
State Consumer Disputes Redressal Commission Cites 3 - Cited by 0 - Full Document
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