ORIENTAL INSURANCE COMPANY LTD Vs. MUNIMAHESH PATEL
LAWS(SC)-2006-9-20
SUPREME COURT OF INDIA
Decided on September 12,2006

ORIENTAL INSURANCE COMPANY LTD. Appellant
VERSUS
MUNIMAHESH PATEL Respondents


Cited Judgements :-

CAPITAL CHARITABLE & EDUCATION SOCIETY VS. AXIS BANK LIMITED [LAWS(NCD)-2019-12-23] [REFERRED TO]
EXPEDITORS INTERNATIONAL INDIA PVT. LTD. VS. CARPENTER CLASSIC INDIA PVT. LTD. AND ORS. [LAWS(NCD)-2015-5-200] [REFERRED TO]
KOTAK MAHINDRA OLD MUTUAL LIFE INSURANCE LTD. VS. J & K STATE CONSUMER DISPUTES REDRESSAL COMMISSION, JAMMU AND ORS. [LAWS(J&K)-2015-7-40] [REFERRED TO]
LAKSHMAN AND ANOTHER VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2006-10-259] [REFERRED TO]
M/S SBI CARDS & PAYMENTS SERVICES LTD. VS. VISHAL SABHARWAL [LAWS(NCD)-2020-6-37] [REFERRED TO]
BALIREDDY SUDHAKAR VS. CLASSIC CONSTRUCTIONS PVT. LTD [LAWS(APCDRC)-2010-6-1] [REFERRED TO]
NILMONI MUKHERJEE VS. ASIM KUMAR CHATTOPADHYAY [LAWS(CAL)-2008-3-81] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. GIRDHARI LAL TICKOO [LAWS(NCD)-2008-1-37] [REFERRED TO]
SUNIL AGARWAL VS. ARVIND MALIK [LAWS(NCD)-2011-1-49] [REFERRED TO]
P N KHANNA VS. BANK OF INDIA [LAWS(NCD)-2015-1-96] [REFERRED TO]
DEVRAJ KISHORE DAS S/O GHANSHYAM KISHORE DAS VS. CHIEF MANAHER, RELIANCE LIFE INSURANCE CO LTD & 6 ORS [LAWS(NCD)-2018-7-66] [REFERRED TO]
ACER MOTORS PVT. LTD. VS. P. RAJENDRA PRASAD [LAWS(NCD)-2024-1-44] [REFERRED TO]
KOKA NAGA TRINADH VS. GONIMADATHALA CHANDRA LAKSHMI [LAWS(NCD)-2024-1-33] [REFERRED TO]
RAMESH CHANDRA MATHUR VS. SHEELA DEVI AND ORS [LAWS(UPCDRC)-2011-2-3] [REFERRED TO]
VISHNU BHAGWAN MITTAL VS. BHARTI AXA GENERAL INSURANCE CO. LTD. & ANR. [LAWS(NCD)-2016-4-27] [REFERRED TO]
RELIANCE LIFE INSURANCE VS. ICICI BANK LTD & ANR [LAWS(NCD)-2015-8-215] [REFERRED]
SAMRENDRA NATH SINGH DILJAN VS. STATE BANK OF INDIA [LAWS(NCD)-2014-10-107] [REFERRED TO]
JAGIR SINGH VS. DHINGRA GENERAL HOSPITAL [LAWS(NCD)-2007-7-26] [REFERRED TO]
SAWANT FOOD PRODUCTS LTD. VS. UNITED INDIA INSURANCE CO.LTD. [LAWS(NCD)-2009-10-33] [REFERRED TO]
RAKESH KUMAR SHARMA VS. ICICI PRUDENTIAL LIFE INSURANCE CO. LTD. [LAWS(NCD)-2014-3-72] [REFERRED TO]
MITTAL EDUCATION SOCIAETY VS. INDIAN OVERSEAS BANK [LAWS(NCD)-2017-11-9] [REFERRED TO]
CHAIRMAN AND MANAGING DIRECTOR, CITY UNION BANK LTD VS. R. CHANDRAMOHAN [LAWS(SC)-2023-3-108] [REFERRED TO]


JUDGEMENT

Arijit Pasayat, J. - (1.)Leave granted.
(2.)Appellant calls in question legality of the judgment rendered by the National Consumer Disputes Redressal Commission, New Delhi (in short the Commission). The Commission upset the order of the State Commission and held that the appellant was liable to pay to the respondent (hereinafter referred to as the complainant) a sum of Rs. 5 lakhs together with interest @ 6% p.a. from the date of the complaint.
(3.)Factual position in a nutshell is essentially as follows:
Smt. Lalitha Devi Patel wife of the complainant had obtained a Janata Personal Accident Policy for a sum of Rs. 5 lakh in August, 1998, for which a premium was paid and accepted and the policy was issued. The insured died on account of an accident by way of falling into a well and drowning. FIR was lodged, autopsy was performed and appellant was informed. Various documents were also furnished claiming payment in spite of the policy. When the appellant Company did not settle the claim, a complaint came to be filed before the Madhya Pradesh State Consumer Redressal Commission, Bhopal (in short the State Commission) alleging deficiency in service on the part of the appellant. State Commission after hearing the parties dismissed the complaint leaving the complainant to take appropriate proceeding for establishing his claim and for seeking the reliefs in the court of competent jurisdiction. Aggrieved by this order, appeal was filed before the Commission.



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