Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection Insurance |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Consumer Protection – Insurance – Standard Form Contract – Commercial Vehicles Package Policy – Appellant’s tractor was insured with respondent(s) on 19.06.10 – Tractor stolen on 28.10.10 – FIR lodged on the same day – Claim submitted to the respondent(s) on 15.12.10 – Rejected on the ground that intimation was given belatedly – District Forum & State Commission allowed the appellant’s complaint– National Commission dismissed it – Conflict between two Judges’ Bench decisions of Supreme Court in Om Prakash v. Reliance General Insurance & Anr. [2017] 11 SCR 893 & Oriental Insurance Co. Ltd. v. Parvesh Chander Chadha (2018) 9 SCC 798, as to whether delay in informing about theft of vehicle to insurance company, though the FIR was registered immediately, would disentitle the insurance claim – In view thereof, present matter referred by two Judges’ Bench – Held: Much would depend upon the words ‘co-operate’ & ‘immediate’, in condition no.1 of the Policy wherein immediate action is contemplated in case of accident of the vehicle – Second part of aforesaid condition deals with ‘theft or criminal act other than accident’ – While assessing the ‘duty to cooperate’ for the insured, inter alia the Court should have regard to those breaches by the insured which are prejudicial to the insurance company – Usually, mere delay in informing the theft to the insurer, when the same was already informed to the law enforcement authorities, cannot amount to breach of ‘duty to co-operate’ of the insured – View taken in the case of Om Prakash is concurred with, that in such a situation if the claimant is denied the claim merely on the ground of delay, it would be taking hyper technical view – It was also rightly held that Consumer Act being beneficial legislation deserves pragmatic construction – When an insured has lodged the FIR immediately after the theft of vehicle and when the police on investigation lodged final report after the vehicle was not traced and when the surveyors appointed by the insurance company found the claim of the theft to be genuine, then mere delay in intimating the insurance company cannot be a ground to deny the claim of the insured – In the present case, facts are undisputed – Impugned order set aside – Order of District Forum, upheld by State Commission is maintained – 75% of the claim amount deposited by respondents in Registry be withdrawn by the appellant with interest accrued thereon – Remainder be paid within six weeks from today with interest @ 12% p.a. on entire amount of Rs.4,70,000/- from the date of order of District Forum till its realisation. |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
Neutral Citation | 2020 INSC 84 |
Petitioner | Gurshinder Singh |
Respondent | Shriram General Insurance Co. Ltd. & Anr. |
SCR | [2020] 2 S.C.R. 564 |
Judgement Date | 2020-01-24 |
Case Number | 653 |
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