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Supreme Court

Supreme Court Allows Insurance Claim in Fire Damage Case — Surveyor Reports Cannot Be Ignored Without Valid Reasons. Appointment of Multiple Surveyors Without Justification Leads to Adoption of First Surveyor's Report Under Section 64UM of Insurance Act, 1938.

1 May 2019

The case involves a dispute between M/s New India Assurance Co. Ltd. (Insurance Company) and M/s Luxra Enterprises Pvt. Ltd. (Complainant), an industr...

Supreme Court

Supreme Court Allows Insurer's Appeal in Life Insurance Claim Repudiation Case Due to Suppression of Previous Policy. Non-disclosure of existing life insurance policy in proposal form held to be material misrepresentation entitling insurer to repudiate claim within two years under Section 45 of Insurance Act, 1938.

24 Apr 2019

The case involves an appeal by Reliance Life Insurance Co Ltd against the decision of the National Consumer Disputes Redressal Commission (NCDRC) whic...

Supreme Court

Supreme Court Allows Accident Insurance Claim for Heart Attack Following Motorcycle Fall — 'Outward, Violent and Visible Means' Includes External Trauma Triggering Internal Injury. The Court held that a fall from a motorcycle constitutes an accident caused by outward, violent and visible means, and the resulting heart attack is a bodily injury proximately caused by the accident under the accident benefit clauses of the LIC policies.

24 Apr 2019

The appellant, Smt. Alka Shukla, is the widow of the deceased insured who held three life insurance policies with the Life Insurance Corporation of In...

Supreme Court

Supreme Court Allows DDA Appeal in Lease Transfer Case — Demerger of Public Limited Company Attracts 50% Unearned Increase. Transfer of leasehold plot by original lessee to another public limited company pursuant to a scheme of arrangement and demerger under the Companies Act, 1956, constitutes a transfer under Clause 6(a) of the Lease Deed, making the lessee liable to pay 50% unearned increase.

24 Apr 2019

The Supreme Court allowed the appeal filed by the Delhi Development Authority (DDA) against the judgment of the Delhi High Court, which had quashed th...

Supreme Court

Supreme Court Restores Consumer Forum Orders in Loan Insurance Dispute — Finance Company Held Liable for Delay in Obtaining Insurance Policy Despite Premium Payment. The Court held that under Section 64VB(2) of the Insurance Act, 1938, risk is covered from the date of premium payment, and the finance company's delay in obtaining the policy from its sister concern constituted deficiency of service.

16 Apr 2019

The Supreme Court allowed the appeal filed by the complainant, Ashatai w/o Anand Duparte, against the order of the National Consumer Disputes Redressa...

Supreme Court

Supreme Court Dismisses Trust's Appeal Challenging Cancellation of Plot Allotment — Upholds High Court's Decision Based on Subsequent Developments and Consent Terms. The Court declined to interfere as the plot had been validly allotted to another trust under a settlement approved by the High Court.

9 Apr 2019

The appellant, JVPD Scheme Welfare Trust, a public charitable trust registered under the Bombay Public Trust Act, applied for allotment of a plot in M...

Supreme Court

Supreme Court Dismisses Insurance Company's Appeal in Motor Accident Claim for Bachelor Deceased. Multiplier Must Be Based on Age of Deceased, Not Dependents, to Ensure Uniform Compensation Under Motor Vehicles Act, 1988.

9 Apr 2019

The Supreme Court addressed the legal issue of whether, in motor accident claims involving the death of a bachelor, the multiplier for calculating com...

Supreme Court

Supreme Court Allows Insurer's Appeal in Insurance Claim Repudiation Case Due to Non-Disclosure of Previous Claim. Duty of Utmost Good Faith Requires Full Disclosure of Material Facts in Proposal Form Under Indian Contract Act, 1872.

1 Apr 2019

The appeal arose from a decision of the National Consumer Disputes Redressal Commission (NCDRC) which partly allowed the insurer's appeal against the ...

Supreme Court

Supreme Court Allows Insurance Company's Appeal, Sets Aside Arbitrator Appointment in Insurance Claim Dispute. Full and Final Settlement Discharge Voucher Signed Without Demur Bars Arbitration Under Section 11(6) of the Arbitration and Conciliation Act, 1996.

28 Mar 2019

The Supreme Court of India heard appeals by United India Insurance Co. Ltd. against a Delhi High Court order appointing an arbitrator under Section 11...

Supreme Court

Supreme Court Allows Insurer's Appeal in Malaria Death Insurance Claim. Death Due to Disease Not an Accident Under Section II of National Insurance Home Loan Suraksha Bima Policy.

26 Mar 2019

The case involves an appeal by the National Insurance Co. Ltd. against a judgment of the National Consumer Disputes Redressal Commission which upheld ...

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