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1 - 10 of 22 (0.27 seconds)Oriental Insurance Co Ltd vs Parkash Chander And Ors on 8 December, 2016
17. We have considered the rival contentions. Hon'ble Supreme Court
in the matter of Oriental Insurance Co. Ltd. vs. Parvesh Chander
Chadha (supra) dismissed the complaint holding that in terms of the policy
issued by the insurance policy, the insured was duty bound to inform about
the theft of the vehicle immediately after the accident. Delay in intimation
deprives the insurance company of its legitimate right to get enquiry
conducted into the alleged theft of vehicle and make an endeavour to recover
the same. It was further held that the insurance company could not be
saddled with the liability to pay the compensation to the insured despite the
fact that he has not complied with the terms of the policy. Relevant
observations of the Supreme Court read as under :-
National Insurance Co. Ltd vs Nitin Khandelwal on 8 May, 2008
23, para 1618, p. 1178
where it meant immediately is to be construed as meaning with all
reasonable speed, considering the circumstances of the case.
The word immediately is stronger than the expression within a reasonable
time. It was held that compensation on non-standard basis cannot be
granted. The case of National Insurance Company Limited v. Nitin
Khandelwal, reported in IV (2008) CPJ 1 (SC) = (2008) 11 SCC 256,
was also discussed."
Kotak Mahindra Prime Ltd. vs Rajaram & 2 Ors. on 3 February, 2017
In Kotak Mahindra Prime Ltd. Vs. Rajaram and Ors. 2017 (1) CPR
391 (NC), Hon'ble National Commission has observed thus :-
Reliance General Insurance Company ... vs Naresh Walia on 8 March, 2016
In Reliance General Insurance Company Limited Vs. Naresh
Walia, III (2016) CPJ 408 (NC), Hon'ble National Commission has
observed thus :-
Oriental Insurance Company Limited vs Jaina Construction Company & Anr. on 9 September, 2016
In Oriental Insurance Company Limited Vs. Jaina Construction
Company & Others, 2016 (4) CPR 291 (NC), Hon'ble National Commission
has observed thus :-
Siddhanth Yadav vs Oriental Insurance Co. Ltd. on 30 July, 2015
In Revision Petition No.1782 of 2015 - Siddhanth Yadav vs
Oriental Insurance Company Limited, decided by Hon'ble National
Commission on 30.07.2015, Hon'ble National Commission has observed
thus :
Amalendu Sahu vs Oriental Insurance Co.Ltd on 25 March, 2010
The aforesaid misuser which was subject matter of the
Amalendu Sahoo's case had no casual link to the theft. However, in
the instant case, the violation committed by the petitioner is grave
because by failing to intimate the theft to the police and the
insurance company, the petitioner has prevented those authorities
from taking prompt action to locate and recover the truck."
Jaspal Kaur & Anr. vs New India Assurance Company Limited on 17 March, 2015
In Jaspal Kaur & Anr. vs. New India Assurance Company Limited,
II (2015) CPJ 727 (NC), Hon'ble National Commission has observed thus :-
New India Assurance Company Limited vs Trilochan Jane on 9 December, 2009
4. Again this Commission in the case of New India Assurance Co.
Ltd. vs. Trilochan Jane, IV (2012) CPJ 441 (NC) = in First Appeal
// 19 //
No.321 of 2005, decided on 09.12.2009 took the same view and discussed
the word immediately :