insurance policies held by the life assured,
we are constrained to repudiate the claim under the policy in
terms of Section 45 of the Insurance ... repudiated within two years. The
insurer submits that within a period of two years, its right to repudiate the respondent’s
claim is untrammelled
CITATOR INFO :
D 1984 SC 15 (21)
ACT:
Arbitration Repudiation of claim by insurer-No dispute
raised about quantum of loss or damages-Remedy ... basis that he had suffered loss
due to fire. The appellant repudiated the claim under cl. 13
of the policy. The respondent thereupon wrote
date of the complaint, the
Insurance Company had not repudiated the claim. It appears
from the record that the Insurance Company had appointed an
agency ... that the respondent-
4
Insurance Company issued a letter repudiating the claim. The
relevant portion of the repudiation letter reads as follows:-
“2. You, vide
submit a claim form along with necessary documents which she
did. However, by letter dated 31.12.2011, the complainant’s claims
were repudiated by the opposite ... under the policy was
repudiated by the insurer.
3.5. Being aggrieved by the repudiation of the claim, the
complainant approached the concerned District Forum
absolved from the liability under the policy and hence
we repudiate your claim.
We regret the inconvenience caused to you.
Kindly acknowledge receipt ... repairs,
later, claim of Rs.87,49,141 was submitted on
23.11.2005 based on actual cost of the repairs.
(vi) Claim was repudiated
late Ramkaran Sharma submitted a
claim for payment of benefits under the policy; however, the said
claim was repudiated vide letter dated 03.03.2016. The claim ... seek to repudiate the claim.”
16. In Mahakali Sujatha (supra), this Court observed that if a
claim was repudiated on the ground that the policy
Corporation. The first respondent as per its letter dated 14.12.1994,
however, repudiated the claim of the appellants stating that the
appellants had changed the terms ... suffered
by them as per their claim dated 8.9.1994. This claim of the
appellants came to be repudiated by the first respondent
under:-
"9. The question then is; can the Insurance
Company repudiate a claim made by the owner of
the vehicle which is duly insured ... does not come to the aid of the
Insurance Company in repudiating a claim where
the driver of the vehicle had not contributed
claim. Finally, the appellants informed the
respondents that it was unable to “reconsider” the claim which
has already been repudiated. The said communication reads
thus ... support of
the claim.
In view of the above we regret our inability to reconsider
the claim which was repudiated.
Yours faithfully
(D. Nagalakshmi
further that the suit was otherwise barred by
limitation as the claim was repudiated by the letter dated
10.5.1977 and the suit filed ... letter dated 10.5.1977
could not be read as a letter of repudiation of claim as by
then no claim whatsoever was preferred by the respondent
