Undervaluation Of Claim Amount, Surveyor Report Not Binding: Chandigarh District Commission Holds New India Assurance Co. Liable
11 months ago

Undervaluation Of Claim Amount, Surveyor Report Not Binding: Chandigarh District Commission Holds New India Assurance Co. Liable

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The District Consumer Disputes Redressal Commission-II, U.T. Sharma held New India Assurance Company liable for not honouring the complete claim for the insured stock which was burned down due to a fire accident. Observations by the District Commission: The District Commission noted that the appointed surveyor was provided with all necessary documentation, including a trading account indicating a stock value of Rs. The District Commission referred to the decision of the Supreme Court in New India Assurance Company Ltd vs Pradeep Kumar and held that while the surveyor's assessment is a crucial factor in claim settlement, it is not absolute or binding. Therefore, the District Commission held the insurance company liable for deficiency in the service for not honouring the complete claim of the damaged stock.

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History of this topic

Baramulla Consumer District Commission Holds Insurance Company Liable For Non-Settlement Of Genuine Claim Amounts
2 months, 3 weeks ago

Baramulla Consumer District Commission Holds Insurance Company Liable For Non-Settlement Of Genuine Claim Amounts

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The Baramulla District Consumer Disputes Redressal Commission has held Reliance General Insurance company liable for repudiating the genuine insurance claim of the complainant in an unreasonable manner. Brief background: The complainant purchased a vehicle truck TATA Signa from Fear Deal TATA motors in Srinagar and got it insured with Reliance General Insurance company for an amount of Rs. The Insurance …

Percentage Of No Claim Bonus Should Be Reduced From Claimed Amount: Uttarakhand State Commission Modifies Amount Awarded
3 months ago

Percentage Of No Claim Bonus Should Be Reduced From Claimed Amount: Uttarakhand State Commission Modifies Amount Awarded

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The State Consumer Disputes Redressal Commission, Uttarakhand presided by Ms. Kumkum Rani and Mr. B.S. Manral held that the percentage of No Claim Bonus that has already been availed from the previous insurance company should be reduced from the claimed amount by the complainant. Later, on 12.09.2016 the car was insured with United India Insurance Company Limited for the 2nd …

Uttarakhand State Commission Holds National Insurance Liable For Deficiency In Service Over Denial Of Legitimate Claim Amount
3 months ago

Uttarakhand State Commission Holds National Insurance Liable For Deficiency In Service Over Denial Of Legitimate Claim Amount

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The Uttarakhand State Commission, presided by Mr. M.K. Singh held National Insurance liable for deficiency in service and upheld the District Commission's order. Consequently, the insurer appealed before the State Commission of Uttarakhand. Contentions of the Insurer The insurer argued that the complainant breached policy terms and did not intimate the theft promptly. However, the complainant contended that the insurer …

Surveyor's Report Can Only Be Rejected Only On Valid Grounds: NCDRC
3 months ago

Surveyor's Report Can Only Be Rejected Only On Valid Grounds: NCDRC

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The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and AVM J. Rajendra in an appeal against United India Insurance held that a surveyor's report is mandatory for insurance claims and it can only be rejected on reasonable grounds. The surveyor found 46.667% under-insurance for the building and stated machinery and potato stocks were not covered under the …

Surveyor's Report Can Only Be Rejected On Valid Grounds: NCDRC
3 months, 1 week ago

Surveyor's Report Can Only Be Rejected On Valid Grounds: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and AVM J. Rajendra in an appeal against United India Insurance held that a surveyor's report is mandatory for insurance claims and it can only be rejected on reasonable grounds. The surveyor found 46.667% under-insurance for the building and stated machinery and potato stocks were not covered under the …

Chandigarh State Commission Holds New India Assurance Company Liable For Rejecting Insurance Policy Due To Unreliable Evidence
3 months, 2 weeks ago

Chandigarh State Commission Holds New India Assurance Company Liable For Rejecting Insurance Policy Due To Unreliable Evidence

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The State Consumer Disputes Redressal Commission, Chandigarh presided by Justice Raj Shekhar Attri and Mr. Rajesh K. Arya held 'New India Assurance Company Limited' liable for rejecting the insurance policy of the complainant on the basis of unreliable evidence about alcohol consumption by the complainant. Brief facts: The complainant insured his Honda Jazz car for ₹4,80,000/- with New India Assurance …

Additional Claims Cannot Be Made Once The Claim Is Accepted Unconditionally: Uttarakhand State Commission Allows Insurance Company's Appeal
3 months, 2 weeks ago

Additional Claims Cannot Be Made Once The Claim Is Accepted Unconditionally: Uttarakhand State Commission Allows Insurance Company's Appeal

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The Uttarakhand State Consumer Disputes Redressal Commission bench of Ms. Kumkum Rani and Mr. B.S. Being aggrieved, the Complainant filed a complaint before the District Consumer Disputes Redressal Commission, Haridwar against the insurance company. Contentions of Reliance General Insurance Co. Ltd: The Appellant contended complainant was engaged in commercial activity and was not entitled to any compensation from the insurance …

Delayed Intimation To Insurer Does Not Warrant Total Rejection Of Claims: Delhi State Commission Holds New India Assurance Liable For Deficiency In Service
3 months, 3 weeks ago

Delayed Intimation To Insurer Does Not Warrant Total Rejection Of Claims: Delhi State Commission Holds New India Assurance Liable For Deficiency In Service

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The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki held that an insurer cannot reject a claim solely on the basis of late intimation by the insured as such an act amounts to deficiency in service. Brief Facts of the Case The complainant, a poor villager, purchased a tractor for agricultural work, financed by the State Bank …

Denial Of Insurance Claim Is Justified In Case Of Breach Of Insurance Contract By The Insured Person: Delhi State Commission
3 months, 3 weeks ago

Denial Of Insurance Claim Is Justified In Case Of Breach Of Insurance Contract By The Insured Person: Delhi State Commission

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Delhi State Consumer Disputes Redressal Commission ruled that denial of insurance claim by “United India Assurance Co. ltd.” is valid where the insured person violates the terms of insurance policy. A coram of President Sangita Dhingra Sehgal and Judicial member Pinki held that non-submission of requisite and essential documents,as per the terms of policy, by the Complainant for due assessment …

Anantapur District Commission Holds Shriram General Insurance Co. Liable For Wrongful Repudiation Of Valid Claim
3 months, 3 weeks ago

Anantapur District Commission Holds Shriram General Insurance Co. Liable For Wrongful Repudiation Of Valid Claim

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The District Consumer Disputes Redressal Commission, Anantapur bench of Smt. D. Grace Mary and Sir B. Gopinath held 'Shriram General Insurance Company Limited' liable for deficiency in service for its failure to settle a valid claim amount assessed under IRDA approved survey findings. Observations of the Commission: The District Commission observed that the Insurance Company had appointed an IRDA-approved surveyor …

[Motor Accident] Adverse Inference Can Be Drawn Against Insurer On Failure To Rebut Evidence: Jharkhand HC Upholds ₹11.45 Lakh Compensation
4 months, 1 week ago

[Motor Accident] Adverse Inference Can Be Drawn Against Insurer On Failure To Rebut Evidence: Jharkhand HC Upholds ₹11.45 Lakh Compensation

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The Jharkhand High Court has upheld the award of ₹11,45,932 granted by the Motor Accident Claims Tribunal, Dhanbad, to the widow of a carpenter who succumbed to injuries sustained in a fatal motorcycle accident. The court emphasised that failure of the insurance company to summon key witnesses or rebut the evidence presented by the claimants resulted in an adverse inference …

Surveyor's Report Can't Be Rejected Unless Arbitrary: NCDRC
8 months, 3 weeks ago

Surveyor's Report Can't Be Rejected Unless Arbitrary: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya, allowed an appeal by United India Insurance and held that the surveyor's report in an insurance cannot be rejected unless proved to be arbitrary and unreasonable. Brief Facts of the Case The complainant, a poultry feed producer, stored raw and finished materials in a building insured by United …

Mere Deduction Of Premium Does Not Create Binding Insurance Contract, Uttarakhand State Commission Dismisses Appeal Against New India Assurance Co.
9 months, 2 weeks ago

Mere Deduction Of Premium Does Not Create Binding Insurance Contract, Uttarakhand State Commission Dismisses Appeal Against New India Assurance Co.

Live Law  

The State Consumer Disputes Redressal Commission, Uttarakhand bench of Kumkum Rani and Mr B.S. The bench dismissed an appeal filed against the New India Assurance Co. by holding that there existed no renewed insurance contract at the time of the loss and the Insurance Company refunded the premium which was automatically deducted by the bank. Feeling aggrieved, the Complainant filed …

Insurance Survey Reports Do Not Hold Ultimate Authority And Can Be Disregarded If They're Arbitrary In Nature: National Consumer Commission
1 year ago

Insurance Survey Reports Do Not Hold Ultimate Authority And Can Be Disregarded If They're Arbitrary In Nature: National Consumer Commission

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The National Consumer Disputes Redressal Commission, presided by Subhash Chandra And Sadhna Shanker, held New India Assurance liable for deficiency in service due to the denial of an insurance claim over an arbitrary survey report. Contentions of the Opposite Party The insurance company argued that the complaint should be dismissed because the Zonal Manager of New India Assurance Company Limited …

Surveyor's Report Can't Be Disregarded Without Valid Reasons, Delhi State Commission Dismisses Appeal Against National Insurance Co. Ltd.
1 year ago

Surveyor's Report Can't Be Disregarded Without Valid Reasons, Delhi State Commission Dismisses Appeal Against National Insurance Co. Ltd.

Live Law  

The State Consumer Disputes Redressal Commission, Delhi bench comprising Justice Sangita Dhingra Sehgal and Pinki dismissed an appeal against the National Insurance Company Ltd. The State Commission concluded that the Insurance Company rightly repudiated the insurance claim covering burglary risk by acting upon the surveyor's report as it is. After examining these documents, the District Commission agreed with the Insurance …

Chandigarh District Commission Holds Oriental Insurance Co. For Wrongful Repudiation Based On Lack Of Route Permit At Time Of Accident
1 year, 1 month ago

Chandigarh District Commission Holds Oriental Insurance Co. For Wrongful Repudiation Based On Lack Of Route Permit At Time Of Accident

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The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh bench comprising Pawanjit Singh and Surjeet Kaur held Oriental Insurance Company Limited liable of deficiency in services for false repudiation of claim filed by the Complainant. Following the surveyor's evaluation, the Complainant repaired the truck at the behest of the insurance company, incurring a total bill of Rs. The insurance company contested …

H.P. State Commission Holds Oriental Insurance Co. Liable For Repudiating Insurance Claim Solely Due To Delayed Intimation, Orders To Pay Rs. 7.9 Lakhs
1 year, 1 month ago

H.P. State Commission Holds Oriental Insurance Co. Liable For Repudiating Insurance Claim Solely Due To Delayed Intimation, Orders To Pay Rs. 7.9 Lakhs

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The State Consumer Disputes Redressal Commission Shimla bench comprising Justice Inder Singh Mehta held Oriental Insurance Company Limited liable for deficiency in service for rejecting a claim solely only based on delayed intimation of the damage to the insurance company. The bench set aside the decision of the Shimla District Commission and directed the insurance company to the insurance claim …

Karnal District Commission Holds New India Assurance Co Liable For Deficiency In Service, Directs To Disburse Rs. 1.48 Lakhs, Pay Compensation
1 year, 2 months ago

Karnal District Commission Holds New India Assurance Co Liable For Deficiency In Service, Directs To Disburse Rs. 1.48 Lakhs, Pay Compensation

Live Law  

The District Consumer Disputes Redressal Commission, Karnal bench comprising Shri Jaswant Singh, Shri Vineet Kaushik and Dr Suman Singh held New India Assurance Company Limited liable for deficiency in service for wrongfully repudiating based on commercial usage of the vehicle. Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Karnal, Haryana against the Insurance …

Negligent AC Servicing By Deputed Engineer, Chandigarh District Commission Directs Holds Urban Clap Liable For Deficiency In Service
1 year, 3 months ago

Negligent AC Servicing By Deputed Engineer, Chandigarh District Commission Directs Holds Urban Clap Liable For Deficiency In Service

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The District Consumer Disputes Redressal Commission-I, Chandigarh bench comprising of Pawanjit Singh and Surjeet Kaur held Urban Clap Technologies India Pvt. Observations by the Commission: Referring to the argument of the Company that it is merely a facilitator and intermediary, the District Commission noted that the service engineer in question was indeed deputed by the Company, and the Company directly …

“Delay In Providing Information To The Insurance Company Is Not Fatal To Seeking A Claim”: East Delhi District Commission Orders Insurance Company to Pay compensation
1 year, 4 months ago

“Delay In Providing Information To The Insurance Company Is Not Fatal To Seeking A Claim”: East Delhi District Commission Orders Insurance Company to Pay compensation

Live Law  

The East Delhi District Consumer Disputes Redressal Commission presided by Mr. S.S. Malhotra along with Ms. Rashmi Bansal and Mr. Ravi Kumar allowed a consumer complaint against an insurance company. The commission examined the facts and ultimately held that the rejection of the complainant's insurance claim amounted to a deficiency in service on the part of the insurance company. Observations …

Insured Should Take All Reasonable Steps To Safeguard The Vehicle Insured From Loss Or Damages; Reiterates SCDRC Chandigarh
2 years, 8 months ago

Insured Should Take All Reasonable Steps To Safeguard The Vehicle Insured From Loss Or Damages; Reiterates SCDRC Chandigarh

Live Law  

The bench of State Commission Chandigarh comprising Justice Raj Shekhar Attri, President, Padma Pandey, Member and Rajesh K. Arya, Member, has relied upon the case of Reliance General Insurance Company Ltd. vs. Daljeet Singh Kashmeer Singh Batth where it was stated that, "the insured should take all reasonable steps to safeguard the vehicle insured from loss or damages." Aggrieved by …

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