22. Hence we are of the considered opinion that the law as laid down in
‘Galada’ on issue (2) still holds the field. It is a settled position that an
insurance company cannot travel beyond the grounds mentioned in the letter
of repudiation. If the insurer has not taken delay in intimation as a specific
ground in letter of repudiation, they cannot do so at the stage of hearing of the
consumer complaint before NCDRC.
In this regard,
Mr. Mukherjee, learned Senior Counsel appearing for the Appellant
has commended us to a decision of the High Court of Delhi in
Krishna Wanti v. LIC, wherein the High Court has taken note of the
fact that if the letter of repudiation did not mention an aspect, the
same could not be taken as a stand when the matter is decided.
We approve the said view.”
(Emphasis supplied)