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Srm Smart Hoops Pvt Ltd vs U.I.I. Co. on 22 November, 2023 cites

Sri. Om Prakash Takur vs The Reliance Gen. Ins Co Ltd on 22 May, 2023

In the case of  Om Prakash Vs Reliance Gen Insurance and Another;  SCC (2017) 9 SCC 724, Hon'ble Supreme Court has held, "it is common knowledge that the person who has lost his vehicle may not straight way go to the insurance company to claim compensation. At first, he will make efforts to trace the vehicle. It is true that the owner has to intimate the insurer immediately after the theft of the vehicle. However, this condition should not bar settlement of genuine claims, particularly when the intimation or submission of documents is due to unavoidable circumstances. The decision of the insurer to reject the claim has to be based on the grounds. Rejection of the claims on purely technical grounds in the mechanical manner will result in loss of confidence of policyholders in the insurance industry. If the reason for delay in making a claim is satisfactorily explained, such a claim cannot be rejected on the ground of delay. It is also necessary to state here that it would not be fair and reasonable to reject the genuine claims which had already been verified and found to be correct by the investigator. The condition regarding the delay shall not be a shelter to repudiate the insurance claims which have been otherwise proved to be genuine. It needs no inference that the Consumer Protection Act aims at providing better protection of the interest of consumers. It is beneficial legislation that it deserves liberal construction. This laudable objective should not be forgotten while considering the claims made under the Act."
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