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Insurance Caselaws

THE INSURANCE TIMES

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November 2024

The Himachal Pradesh State Commission orders Oriental Insurance Co. to pay Rs. 7.9 lakhs for repudiating an insurance claim solely because of delayed notification.

Insurance Caselaws

Case Title: Gita Ram Negi vs The Oriental Insurance Company Ltd and others

Summary

Oriental Insurance Company Limited was held accountable for a deficiency in service by the State Consumer Disputes Redressal Commission Shimla, led by Justice Inder Singh Mehta. The insurance company's delayed notification of damage led to the rejection of a claim, which the complainant filed with the District Commission. The insurance company argued that the complainant had not followed the terms and conditions of the contract, and that the bank had contacted the insurance company as soon as it received the claim. The District Commission denied the complaint, and the complainant appealed to the State Commission for Consumer Disputes Redressal in Shimla.

The State Commission found that the insurance company was responsible for deficiency in service and unfair trade practice, as it was unlawful to reject the claim on the basis of delayed notice. The State Commission ordered the insurance provider to submit an insurance claim for Rs. 7,90,000 to the complainant, along with an extra payment of Rs. 50,000 for litigation costs.

About the case

Oriental Insurance Company Limited was held accountable for a deficiency in service by the State Consumer Disputes Redressal Commission Shimla (Himachal Pradesh) bench, which is led by Justice Inder Singh Mehta (President). The rejection of a claim was based solely on the insurance company's delayed notification of the damage. The bench overturned the Shimla District Commission's ruling and ordered the insurance firm to submit an insurance claim for Rs. 7,90,000 to the complainant, along with Rs. 50,000 to cover the costs of the case.

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