New India Assurance Co. Ltd. Vs Paresh Mohanlal Parmar (Supreme Court of India)
Supreme Court of India on Insurance Claim: Unless insured is duly informed, exclusionary clauses not applicable.
In this case the Supreme Court of India in one of its judgements in a case involving Insurance Claim has held that unless the insured is duly informed, Exclusionary Clauses will not be applicable.
BRIEF FACTS:
This appeal has been filed against the judgment of National Consumer Disputes Redressal Commission dated 19.07.2011 in First Appeal No.45/2007 by which the First Appeal of the respondent was allowed and National Commission allowed the complaint and directed to pay an amount of Rs.20,00,000/- (Rupees Twenty Lakhs only) to the respondent with interest @ 6% p.a. from the date of repudiation till filing of the complaint and 9% from the date of filing of compliant till the date of realization of the entire amount.
The respondent obtained a burglary and house breaking Insurance Policy for the period from 5.06.2003 to 4.06.2004 from the appellant Insurance Company to insure his property for a total sum insured of Rs.20 Lakhs. During the night of 11.01.2004 an incidence of theft took place and 324 mobile phones were found to be stolen from the godown and FIR lodged with the concerned Police SHORTLY.
Insurance Company was informed and their surveyor visited and submitted his preliminary report dated 16.1.2004.
The complaint was also submitted to Insurance ombudsman by the appellant. Vide order dated 9.12.2005 the Insurance ombudsman rejected the representation on the ground that they have no pecuniary jurisdiction.
The Insurance Company repudiated the claim and reiterated its stand of repudiation. The respondent filed a complaint before the State Commission.
STATE COMMISSION: By order dated 21.12.2006 the State Commission dismissed the complaint filed by the respondent relying upon the judgment of this Court in United India Insurance Co.Ltd. Vs. Harchand Rai Chandan Lal 2004(8)SCC 644.
