Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) Consumer Protection Act, 1986 (68 of 1986) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Consumer Protection Act, 1986: s. 24 A – Insurance Claim – Repudiation of – Theft of insured vehicle of the appellant – FIR lodged by the appellant – Insurance company intimated about the theft on the sixth day – Complaint filed by the appellant before the district forum alleging that the Insurance Company was delaying the settlement of the claim – During pendency, repudiation of the claim by the Insurance Company – Thereafter, the complaint dismissed as withdrawn– Filing of the fresh complaint – Award of 75% of the sum assured to the complainant on a non-standard basis – Upheld by the State Commission – However, the National Commission set aside the same – On appeal, held: Having not argued, before the State Commission, as regards the complaint being barred in view of the withdrawal of the earlier complaint, the National Commission not justified, in allowing the Insurance Company to urge that point – Moreover, the National Commission was under the wrong impression that the earlier complaint had challenged the order of repudiation – Complaint was withdrawn by the counsel on the pretext of the case being prolonged by the advocate of the Insurance Company, without having express instructions for withdrawal – For the fault of the counsel, the complainant cannot be made to suffer – Thus, the complaint cannot be thrown out on the threshold of Or.XXIII r.1(4) – Any violation of the condition should be in the nature of a fundamental breach – There was timely intimation to the insurance company about loss or damage – Time gap between the driver alighting from the vehicle and noticing the theft, was very short – It cannot be said that leaving the key of the vehicle in the ignition was an open invitation to steal the vehicle – Even if there was some carelessness, it was not a fundamental breach of the condition warranting total repudiation – On facts, fit case to award the claim at 75% on a non-standard basis – District Forum and State Commission rightly ordered so – Code of Civil Procedure, 1908 – Or. XXIII r. 1(4). |
Judge | Hon'ble Mr. Justice K.V. Viswanathan |
Neutral Citation | 2023 INSC 659 |
Petitioner | Ashok Kumar |
Respondent | New India Assurance Co. Ltd. |
SCR | [2023] 9 S.C.R. 1240 |
Judgement Date | 2023-07-31 |
Case Number | 4758 |
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