National Insurance Co. Ltd vs Nitin Khandelwal on 8 May, 2008
after 27 days. Merely on the basis of delay intimation, total
claim of the respondent (complainant) cannot be disallowed. Looking to the facts
and circumstances of the case, the respondent (complainant) has properly
explained the delay caused in lodging First Information Report. On the basis of
judgments of Hon'ble Supreme Court in Om Prakash Vs. Reliance General
Insurance & Anr. (Supra), Amalendu Sahoo v. Oriental Insurance Co. Ltd.
(Supra) and National Insurance Company Ltd. and National Insurance
Company v. Nitin Khandelwal (Supra), the appellant (complainant) is entitled
to get compensation on non-standard basis i.e. 75% of the Insured Declared
Value of the vehicle Rs.1,67,057/-.