9911796707
TMI Blog2000 (2) TMI 857X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 08.01.97 passed by the National Consumer Disputes Redressal Commission whereby the Commission set aside the order passed by the State Commission of Rajasthan in the appeal filed by the respondent. The appellant has a factory wherein it manufacturers high tension insulators for transmission lines. The appellant had taken out an insurance policy known as 'All Risk Insurance Policy' for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce Company in the reply to the complaint filed before the State Commission pleaded that damaged property was not covered by the insurance policy. The State Commission after considering the materials on record rejected the plea of the respondent and directed the respondent to indeminify the loss by making payment of ₹ 4,66,873/- with interest (@). 18% per annum. An appeal was filed before th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e exclusion clause was duly communicated to the appellant. We have been taken through the affidavits filed and we find in the affidavit of the appellant the letter received by the appellant from the Branch Manager of the respondent was referred to wherein it was confirmed that appellant was supplied only with a cover note and the schedule of the policy. So the other terms and conditions containing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o disclose .ill material facts in their knowledge since obligation of good faith applies to both equally. In view of the above settled position of law we are of the opinion that the view expressed by the National Commission is not correct. As the above terms and conditions of the standard policy wherein the exclusion clause was included, were neither a part of the contract of insurance nor disclo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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