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1 - 4 of 4 (0.23 seconds)Kandimalla Raghavaiah & Co vs National Insurance Co. & Anr on 10 July, 2009
15. As regards the period of limitation is concerned, since the claim came to be rejected vide letter dated 27.08.2012 and the complaint was filed on 14.08.2014, it is well within time. The learned counsel for the insurance company submits that the period of limitation should be computed from the date on which the alleged loss took place and in support of his contention, he has placed reliance upon the decision of the Hon'ble Supreme Court in Kandimalla Raghavaiah & Co. Vs. National Insurance Co. & Anr. (2009) 7 SCC 768. A perusal of the above referred decision would show that in that case, there was no repudiation of the claim by the insurer. On the other hand, in the present case, the claim was expressly repudiated by the insurance company vide its letter dated 27.08.2012. Though the period of limitation for the purpose of consumer complaint has to be calculated in terms of Section 24A of the Consumer Protection Act, considering Article 44(b) of the Limitation Act, the cause of action in a case where the claim under the insurance policy is denied by the insurer, would commence from the date of such denial. Since the claim in this case came to be repudiated only on 27.08.2012, the cause of action in terms of Section 24A of the Consumer Protection Act commences only from that date and having been filed within two weeks from the date, the complaint is within the prescribed period of limitation.
Article 44 in Constitution of India [Constitution]
The Limitation Act, 1963
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