Skip to main content

Terms and Conditions of Policy have to be Strictly Construed to Determine Extent of Liability of Insurer

In Rajesh Kumar V. National Insurance Company Limited and Ors, revision petition has been filed before NCDRC against the impugned order passed by Haryana State Consumer Disputes Redressal Commission in Appeal No. 1192/2014, vide which, order passed by District Forum Kurukshetra, partly allowing complaint No. 24/2013, filed by present Petitioner, was set aside. State Commission held that there was fundamental breach of terms and conditions of policy on part of complainant, as vehicle was being used as a taxi.

Perusal of reply filed by OP Insurance Company before District Forum and orders passed by State Commission as well as District Forum reveals that after alleged incident, an FIR was registered by father of the Complainant before the local police, in which it was stated that three persons came to Complainant, when he was standing at the taxi stand. He settled a fare of Rs. 700/- with them for taking them to Ambala Cantt. However, when they were on their way, occupants of the car snatched the vehicle. Facts in present case revealed that, vehicle was being used as a taxi although it was insured as a private vehicle.

In the case of Suraj Mal Ram Niwas Oil Mills Private Limited vs. United India Insurance Company Limited & Anr, it was stated that it needs little emphasis that in construing the terms of a contract of insurance, words used therein must be given paramount importance, and it is not open for the court to add, delete or substitute any words. It is also well settled that since upon issuance of an insurance policy, the insurer undertakes to indemnify the loss suffered by the insured on account of risks covered by the policy, its terms have to be strictly construed to determine the extent of liability of the insurer. Therefore, the endeavour of the court should always be to interpret the words in which the contract is expressed by the parties.

It is clear from facts and circumstances of case that, there has been a fundamental breach of the terms and conditions of policy, because use of vehicle for commercial purpose as a taxi is duly proved. There is no illegality, irregularity or jurisdictional error in the orders passed by the State Commission, and the same is upheld.

Comments

Most viewed this month

Partition proceedings are vitiated even if single co-sharer is not made party or is not served in accordance with law

Cause Title :  Bhagwant Singh vs  Financial Commissioner (Appeals) Punjab, Chandigarh,  CWP-2132-2018 (O&M), High Court Of Punjab & Haryana At Chandigarh Date of Judgment/Order : 31.08.2022 Corum : Hon’ble Mr. Justice Sudhir Mittal Background A large parcel of land was owned by the Nagar Panchayat. Thereafter, some of the co-sharers sold their shares to third parties including the petitioners herein. On 22.11.1995, respondents No.3 to 5 filed an application for partition of the land. The petitioners were not impleaded as parties.  On completion of proceedings, sanad was issued on 28.08.1996. Vide two separate sale deeds dated 28.05.2008 respondents No.3 and 5 sold some portion in favour of respondent No.6 and 7. These respondents sought implementation of the sanad resulting in issuance of warrants of possession dated 05.06.2008. Allegedly, it was then that the petitioners realized that joint land had been partitioned and that proceedings h...

Power of Attorney holder can also file cheque bounce cases: Supreme Court

The Supreme Court has held that a criminal complaint in a cheque bounce case can be filed and pursued by a person who holds a power of attorney (PoA) on behalf of the complainant. A three-judge bench headed by Chief Justice P Sathasivam gave the "authoritative" pronouncement on the issue, referred to it by a division bench in view of conflicting judgements of some high courts and the apex court. "We are of the view that the power of attorney holder may be allowed to file, appear and depose for the purpose of issue of process for the offence punishable under Section 138 of the Negotiable Instruments Act (which deals with cheque bounce cases)," the bench, also comprising justices Ranjana Prakash Desai and Ranjan Gogoi, said. The bench, in its judgement, said, "...we clarify the position and answer the questions in the following manner: "Filing of complaint petition under Section 138 of Negotiable Instruments Act through PoA holder is perfectly legal...

Christian who reconverts as Hindu SC will get quota benefits

Amid the controversy over “ghar wapsi”, the Supreme Court on Thursday ruled that a person who “reconverts” from Christianity to Hinduism shall be entitled to reservation benefits if his forefathers belonged to a Scheduled Caste and the community accepts him after “reconversion”. Citing articles by B R Ambedkar and James Massey, and reports by Mandal Commission and Chinappa Commission, the court said: “There has been detailed study to indicate the Scheduled Caste persons belonging to Hindu religion, who had embraced Christianity with some kind of hope or aspiration, have remained socially, educationally and economically backward.” The bench of Justices Dipak Misra and V Gopala Gowda held that a person shall not be deprived of reservation benefits if he decides to “reconvert” to Hinduism and adopts the caste that his forefathers originally belonged to just because he was born to Christian parents or has a Christian spouse. Expanding the scope of a previous Constitution benc...