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1 - 8 of 8 (0.33 seconds)Section 51 in Consumer Protection Act, 2019 [Entire Act]
M/S Texco Marketing Pvt. Ltd. vs Tata Aig Generla Insurance Company Ltd on 9 November, 2022
c. Whether the period of 12 months from the date of suicide i.e. 06.11.2020 is to be
calculated from the issuance of the policy i.e. 25.6.2019 or from the date when the policy
was revived i.e. 25.8.2020, as per the Suicide clause contained in the policy.
d. Whether the presence of the clause mentioned in the policy that 12 months' period is to
commence from the date of reinstatement of the policy, the reinstatement aspect ought to
have been considered as held by the Apex Court in judgment of the Hon'ble Apex Court in
the case of Reliance Life Insurance Company Ltd. Vs. Jaya Wadhwani [(2024) 2 SCC 427]
e. Whether in the absence of any averment by the Respondent / complainant regarding the
alleged non-receipt of the policy terms and conditions in the original complaint, the same
was an afterthought and hence the reliance of the Ld' State Commission on the judgment
of the Hon'ble Apex Court in the case of (2023) 1 SCC 428 titled as Texco Marketing Ltd.
Vs. Tata AIG Insurance Co. Ltd. was misplaced.
Vikram Greentech (I) Ltd. & Anr vs New India Assurance Co. Ltd on 1 April, 2009
f. Whether a consumer forum can override explicit statutory provisions like Section 45 of
the Insurance Act, 1938, by applying equitable considerations?
g. Whether the terms of insurance contract have to be strictly read and natural meaning
as held in the cases of Vikran Greentech (I) Ltd. Vs. New India Assurance Co. Ltd., (2209)
5 SCC 599, United India Assurance Co. Ltd. Vs. M/s Harchand Rai Chandan Lal JT 2004
(8) SC 8, Oriental Insurance Co. Lt. Vs. Sony Cheriyan (1999) 6 SC 451, National
Insurance Co. Ltd. Vs. Laxmi Narain Dhut ( Appeal (Civil) 1140 of 2007, National
Insurance Co. Ltd. Vs. Ms. Mohini; General Assurance Society Ltd.Vs. Chandmull Jain and
Anr. (1996) ACJ 267 (SC).
National Insurance Co. Ltd vs Laxmi Narain Dhut on 2 March, 2007
f. Whether a consumer forum can override explicit statutory provisions like Section 45 of
the Insurance Act, 1938, by applying equitable considerations?
g. Whether the terms of insurance contract have to be strictly read and natural meaning
as held in the cases of Vikran Greentech (I) Ltd. Vs. New India Assurance Co. Ltd., (2209)
5 SCC 599, United India Assurance Co. Ltd. Vs. M/s Harchand Rai Chandan Lal JT 2004
(8) SC 8, Oriental Insurance Co. Lt. Vs. Sony Cheriyan (1999) 6 SC 451, National
Insurance Co. Ltd. Vs. Laxmi Narain Dhut ( Appeal (Civil) 1140 of 2007, National
Insurance Co. Ltd. Vs. Ms. Mohini; General Assurance Society Ltd.Vs. Chandmull Jain and
Anr. (1996) ACJ 267 (SC).
Canara Bank vs M/S United India Insurance Co. Ltd on 6 February, 2020
5. We take note of the fact that period from 25.06.2020 to 25.08.2020 is covid
exempted period and Hon'ble Supreme Court in Suo Moto Writ Petition ( C) No. 3 of 2020,
has exempted the period from 15.03.2020 to 28.02.2022 for all limitation purposes. No
doubt such policies have not been specifically covered under such exempted period, in
this case, one month's delay in payment of the premium beyond the grace period falling in
the Covid exempted period is condonable. Hence, relying on the judgment of the Hon'ble
Supreme Court in Canara Bank Vs. United India Ins. Co. Ltd. &Ors. (2020) 3 SCC 455
wherein Hon'ble Supreme Court observed that 'Insurance Policy must be read holistically
so as to give effect to reasonable expectations of all the parties including the insured and
the beneficiaries - it must be interpreted in a commercial sensible manner-coverage
clauses to be read broadly, and ambiguity, if any, to be resolved in favour of insured
Reliance Life Insurance Company Ltd vs Jaya Wadhwani on 30 October, 2023
c. Whether the period of 12 months from the date of suicide i.e. 06.11.2020 is to be
calculated from the issuance of the policy i.e. 25.6.2019 or from the date when the policy
was revived i.e. 25.8.2020, as per the Suicide clause contained in the policy.
d. Whether the presence of the clause mentioned in the policy that 12 months' period is to
commence from the date of reinstatement of the policy, the reinstatement aspect ought to
have been considered as held by the Apex Court in judgment of the Hon'ble Apex Court in
the case of Reliance Life Insurance Company Ltd. Vs. Jaya Wadhwani [(2024) 2 SCC 427]
e. Whether in the absence of any averment by the Respondent / complainant regarding the
alleged non-receipt of the policy terms and conditions in the original complaint, the same
was an afterthought and hence the reliance of the Ld' State Commission on the judgment
of the Hon'ble Apex Court in the case of (2023) 1 SCC 428 titled as Texco Marketing Ltd.
Vs. Tata AIG Insurance Co. Ltd. was misplaced.
National Insurance Co. Ltd. vs Ms. Mohini on 2 February, 2010
f. Whether a consumer forum can override explicit statutory provisions like Section 45 of
the Insurance Act, 1938, by applying equitable considerations?
g. Whether the terms of insurance contract have to be strictly read and natural meaning
as held in the cases of Vikran Greentech (I) Ltd. Vs. New India Assurance Co. Ltd., (2209)
5 SCC 599, United India Assurance Co. Ltd. Vs. M/s Harchand Rai Chandan Lal JT 2004
(8) SC 8, Oriental Insurance Co. Lt. Vs. Sony Cheriyan (1999) 6 SC 451, National
Insurance Co. Ltd. Vs. Laxmi Narain Dhut ( Appeal (Civil) 1140 of 2007, National
Insurance Co. Ltd. Vs. Ms. Mohini; General Assurance Society Ltd.Vs. Chandmull Jain and
Anr. (1996) ACJ 267 (SC).
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