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1 - 5 of 5 (0.52 seconds)United India Insurance Co.Ltd vs M/S.Harchand Rai Chandan Lal on 24 September, 2004
15. Submission of learned Advocate appearing on
behalf of Insurance company that present matter falls within
exclusion clause of Insurance policy and on this ground
appeal filed by appellants be allowed is decided accordingly.
There is no evidence on record in order to prove that
exclusion clause mentioned in Insurance policy was
communicated to insured in present matter. It is well settled
laws that when exclusion clause mentioned in Insurance
policy is not communicated to insured then Insurance
company is not legally competent to take benefit of exclusion
clause mentioned in Insurance policy. See 2019 (6) Supreme
Court Cases 212 (DB) Apex Court titled Bharat Watch
Company Limited through its partner Versus National
Insurance Company Limited. See 2004(8) Supreme Court
Cases 644 Apex Court titled United India Insurance Co. Ltd.
Vs. Harchand Rai Chandan Lal. See. 2007 (III)) CPJ 34 NC
titled National Insurance Company Ltd. Versus D.P. Jain.
See 2000 (2) SCC 734 Modern Insulators Ltd. Versus Oriental
Insurance Co. Ltd.
Oriental Insurance Co. Ltd. vs Sh. Chander Parkash. on 22 September, 2017
16. Facts of rulings cited by learned Advocate
appearing on behalf of appellants i.e. (1) 2010 CPJ (1) SC
titled Oriental Insurance Co. Ltd. Vs. Parvesh Chander
Chadha (2) 2017 CPJ 10 titled Om Prakash Vs. Reliance
General Insurance & Anr. (3).
Om Prakash vs Reliance General Insuarance on 4 October, 2017
16. Facts of rulings cited by learned Advocate
appearing on behalf of appellants i.e. (1) 2010 CPJ (1) SC
titled Oriental Insurance Co. Ltd. Vs. Parvesh Chander
Chadha (2) 2017 CPJ 10 titled Om Prakash Vs. Reliance
General Insurance & Anr. (3).
Gurshinder Singh vs Sriram General Insurance Co. Ltd. on 9 January, 2018
(4)
Order dated 09.01.2018 passed by Hon'ble Apex Court of
India in SLP No.24370 of 2015 titled Gurshinder Singh Vs.
Shriram General Insurance Co. Ltd. and facts of present
consumer complaint are entirely different. Rulings cited by
learned Advocate appearing on behalf of appellants are
distinguishable in the present matter.
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