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1 - 3 of 3 (0.23 seconds)Section 64VB in The Insurance Act, 1938 [Entire Act]
Balwinder Kumar Son Of Sh. Kirpal Chand` vs Icici Lombard General Insurance ... on 19 December, 2012
In
addition to that, the judgment has also been delivered by District
Forum Sangrur in complaint no.435, decided on 19.10.2010 titled as
"Ram Chand Vs. ICICI Lombard General Insurance Company Ltd. &
First Appeal No.1741 of 2011 51
another", wherein the liability of OPs was fixed, which was on the
premise that OP no.2 was the authorized agent of OP no.1. On the
basis of above referred documents, we hold that OP no.2 is the
authorized agent of OP no.1. There is categorical evidence of the
complainants contained in affidavits of complainants in all above
referred complaints that premiums were duly paid to OP no.2, who
received the same on behalf of OP no.1, as its authorized agent and
resultantly the insurance cover notes were issued to the
complainants on behalf of OP no.1. The reliance of counsel for the
appellant is on Section 64VB of the Insurance Act, we find that there
is no scope of issuance of cover note/insurance policy without
receiving the premium. The payment of premium to authorized agent
is deemed to be the payment received on behalf of principal. OP
no.1 has not taken any action against OP no.2 for the embezzlement
of this amount, as no police report lodged against it is on the record
to prove it. No termination of agreement between OP no.1 and OP
no.2 has been proved on record nor any disciplinary action which
was taken nor any show cause notice was ever issued by OP no.1 to
OP no.2 on the record. In the circumstances of the above cases, we
repel the submission of counsel for the appellant that cover notes
were issued without any premium in above referred complaints. This
is interse matter between OP no.1 and Op no.2 to take action at their
own level and poor complainants cannot be made to suffer for it. We,
thus, hold that complainants are proved to be the consumers of OP
no.1 on the basis of cover note/insurance policy purchased by the
First Appeal No.1741 of 2011 52
complainants for the coverage of their paddy crops for the reason
2009.
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