sought by the respondent. The respondent vide letter
dated 08.11.2010 repudiated the claim of the petitioner on
the ground that the claim is not within ... holding that
the respondent vide letter dated 05.02.2003 has already
repudiated the claim of the petitioner and the reasoning of
the Permanent Lok Adalath
settling the
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WP No.108490/2016
claim have unfairly repudiated the claim alleging breach of
insurance policy. Therefore a claim petition is filed
claiming ... petitioners' insurance company has declined to entertain
the claim petition and has proceeded to repudiate the
policy on the ground that, the cause
policy claim amount, but the Life Insurance
Corporation had repudiated the death claim of the
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RSA No. 2553 of 2007
deceased on the ground ... principle of "Uberria fidos,
as a result the Corporation repudiated the
claim?
2. Whether the trail Court judgment and decree
required interference by this
having not been divulged, no fault can be found with
repudiation of the claim by the Insurance. The reason rendered
for repudiation is as follows ... insurance of police."
(emphasis supplied)
4. The reason for repudiating the claim by the
Insurance is that the deceased was suffering from diabetes
prior
would be as a result of disease and not accident,
therefore repudiation of claim by petitioner was fully justified
and interference by respondent ... accident covered under policy, in
view of specific General Exclusions. Therefore, repudiation of
claim by petitioner would be justified.
10. That apart, it is seen
Immediately, thereafter, petitioner made
claim before bank, under impugned endorsement, it has
rejected claim stating :
"The Claim is repudiated due to the delay ... record.
7. On perusal of Annexure-B, except bare assertion
that claim is repudiated due to delay, there are no other
particulars stated. Though petitioner
accepts liability.
Since on facts it was found that the insurer repudiated
the claim, though an arbitration clause did "exist", so to
speak
arise for our
consideration:
(1) Whether NTC is entitled for the insurance claim from the
insurer?
(2) If point no.1 is in the affirmative ... 1074/2010
9
Rs. 25 Lakhs and the insurer repudiated the claim on the
ground that it was a trade loss.
14. We may record
schedule properties. The
respondent-plaintiff claimed that he was the owner in possession
and enjoyment of the plaint 'A' schedule property and that ... suit, the petitioners
filed their written statement not only repudiating the claims and
contentions of the respondent-plaintiff but also sought for a counter
claim
local inspection of the suit schedule
property and the written statement/counter claim schedule property
was dismissed by the Trial Court.
2. Heard learned counsel ... defendants in the suit, filed
their written statement not only repudiating the claim of the plaintiff,
but also put forth counter claim for declaration
