Case Law Details
Gurmel Singh Vs Branch Manager National Insurance Co. Ltd. (Supreme Court of India)
It is common knowledge that the Insurance Companies deny the genuine & lawful claims of the Insured on technical & flimsy grounds. Be it vehicle loss/accidental claims or health insurance claims or theft/fire claims, the insurance companies design ways/devices/ruse to fizzle out from their liabilities for payment of claims. The Consumer Disputes Redressal forums also take a technical view and most of the claims are negated on flimsy grounds.
Recently, the Apex Court in the case of Gurmel Singh vs. Branch Manager, National Insurance Co. Ltd. in civil appeal no. 4071 of 2022 decided on May 20, 2022 deprecated this practice & awarded full claim with interest & costs.
The brief facts of the case are that the appellant was the registered owner of Truck No. CG04JC4984. The said vehicle was duly insured with National Insurance Co. Ltd. and premium of Rs. 28,880/ was duly paid. The said vehicle was stolen and FIR was duly lodged/registered in the Police Station on the same day. The insurance company as well as the Regional Transport Office (RTO) were duly intimated regarding the theft of the Truck. The appellant also submitted his claim and relevant documents but the insurance company failed to settle the claim.
The appellant thereafter moved to the District Consumer Forum which required the appellant to file duplicate certified copy of the certificate of registration and also directed the RTO to furnish the same to the appellant.
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Actually the decision by court is a lesson for almost all insurance cimpanies and a good base for the victims.