NATIONAL INSURANCE CO. LTD Vs. M.KRIHNADASS REDDIAR
LAWS(TNCDRC)-2008-11-25
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on November 11,2008

Appellant
VERSUS
Respondents

JUDGEMENT

N.KANNADASAN, J. - (1.) The appellant is the opposite party and the respondents are the complainants before the District Forum.
(2.) The District Forum has allowed the complaint by granting relief as stated therein. Aggrieved as against the order of the District Forum, the present appeal is filed.
(3.) The above appeal is filed on the main ground that the insured cannot claim insurance amount under the policy if an accident took place prior to the registration of the vehicle as held by this Commission in the decision in United India Insurance Co. Ltd., & Ors. Vs. G. Kodhainachiar reported in I (2005) CPJ 86. The said judgment of this Commission was subsequently reversed by the Honble National Commission in a decision reported in IV (2007) CPJ 347 (NC) as extracted below: Insurance is a matter of contract between parties - Insurance Company cannot repudiate claim when there is no breach of policy conditions vehicle in good condition to be plied at accident time as per RTO inspection report The same view is followed by the Honble National Commission in another decision in HDFC CHUBB General Insurance Co. Ltd., Vs. ILA Gupta & Ors., reported in I (2007) CPJ 274 (NC).;


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