Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Insurance – Insurance companies refusing insurance claim on flimsy grounds and / or technical grounds |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Insurance – Insurance companies refusing insurance claim on flimsy grounds and / or technical grounds – Impropriety of – Held: While settling insurance claims, insurance company should not be too technical and ask for documents, which the insured is not in a position to produce due to circumstances beyond his control – On facts, when appellant-insured had produced photocopy of certificate of registration of the insured vehicle (truck) and registration particulars as provided by the Regional Transport Office (RTO), non-settlement of appellant’s claim solely on the ground that the original certificate of registration (which has been stolen) is not produced, can be said to be deficiency in service – Respondent insurance company ought not to have become too technical and ought not to have refused to settle the insurance claim of appellant on non-submission of duplicate certified copy of certificate of registration, which the appellant could not produce due to circumstances beyond his control – Appellant could not produce such duplicate certificate as the RTO refused to issue the same on ground that due to report of theft of the insured vehicle, details of registration certificate on the computer were locked – Appellant was wrongly denied the insurance claim – He is entitled to the insurance amount along with interest @ 7% from date of submitting the claim – Respondent-insurance company to pay litigation cost, quantified at Rs.25,000/-, to appellant – Consumer Protection – Deficiency in Service. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 619 |
Petitioner | Gurmel Singh |
Respondent | Branch Manager, National Insurance Co. Ltd. |
SCR | [2022] 3 S.C.R. 563 |
Judgement Date | 2022-05-20 |
Case Number | 4071 |
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