GURSHINDER SINGH Vs. SHRIRAM GENERAL INSURANCE CO.LTD.
SUPREME COURT OF INDIA
Shriram General Insurance Co.Ltd.
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(2.)Noticing that there is a conflict between the decisions of the Bench of the two Judges of this Court in Om Prakash vs. Reliance
General Insurance & Anr.; Civil Appeal No.15611/ 2017 decided on 04.10.2017 and in the case of Oriental Insurance
Co. Ltd. vs. Parvesh Chander Chadha; 2009 (1) CLT 552], on the question, as to
whether delay in informing the occurrence of the theft of the
vehicle to the insurance company, though the FIR was registered
immediately, would disentitle the claimant of the insurance claim.
The Bench of two Judges of this Court vide Order dated
09.01.2018 has referred the matter to a threeJudge Bench.
(3.)The appellant had got his tractor insured with the respondent(s) on 19.06.2010. On 28.10.2010, the tractor was
stolen and an FIR was lodged on the same day. However, the claim
was submitted to the respondent(s) on 15.12.2010. It was
rejected on the ground that intimation was given belatedly after 52
days. The appellant herein, therefore, approached the District
Consumer Disputes Redressal Forum, Jalandhar, Punjab,
(hereinafter referred to as the "District Forum") vide Complaint No.
380 of 2011. The District Forum, relying on the decisions of the National Consumer Disputes Redressal Commission (hereinafter
referred to as the 'National Commission') in the case of Parvesh
Chander Chadha (supra) and T.D.P. Gram Sewa Sahakari Samiti
Ltd. & Ors. vs. Charanjit Kaur and Ors.; 2011(3) CPC 422., allowed the complaint
and directed the respondents to pay a sum of Rs.4,70,000/ being
the declared insured value of the vehicle to the complainant within
one month from the date of receipt of copy of the order, failing
which, the respondents were made liable to pay interest at the
rate of 12% per annum from the date of order till payment.
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