GURSHINDER SINGH Vs. SHRIRAM GENERAL INSURANCE CO.LTD.
LAWS(SC)-2020-1-65
SUPREME COURT OF INDIA
Decided on January 24,2020

GURSHINDER SINGH Appellant
VERSUS
Shriram General Insurance Co.Ltd. Respondents


Referred Judgements :-

NEW INDIA ASSURANCE CO. LTD. VS. TRILOCHAN JANE [REFERRED TO]
ARNOLD V. BRITTON [REFERRED TO]
ORIENTAL INSURANCE CO LTD VS. PARVESH CHANDER CHADHA [REFERRED TO]
T P D GRAM SEWA SAHAKARI SAMITI LTD VS. CHARANJIT KAUR [REFERRED TO]



Cited Judgements :-

DHARAMENDER VS. UNITED INDIA INSURANCE CO. LTD [LAWS(SC)-2021-9-158] [REFERRED TO]
JAINA CONSTRUCTION COMPANY VS. ORIENTAL INSURANCE COMPANY LIMITED [LAWS(SC)-2022-2-44] [REFERRED TO]
KANWARJIT SINGH KANG VS. ICICI LOMBARD GENEERAL INS. CO. LTD [LAWS(SC)-2022-3-145] [REFERRED TO]


JUDGEMENT

B.R.GAVAI,J. - (1.)Leave granted.
(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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