The SC set aside the National Consumer Disputes Redressal ...

Vehicle accident insurance claim upheld despite delay in intimation.

December 20, 2024

Case Laws     Indian Laws     SC

The SC set aside the National Consumer Disputes Redressal Commission's order reducing the insurance amount payable to the appellant. The SC held that the District and State Commissions had concurrent findings that the delay in intimation to the insurer was justifiable and not fatal to the insurance claim. The damage occurred in two phases - when the vehicle fell into a ditch and capsized, and when short-circuiting occurred due to the vehicle remaining in that state. The National Commission could not interfere with the factual findings arrived at by the lower fora while exercising revisional jurisdiction. The State Commission had examined the surveyor's report and discarded it for lack of evidence, relying instead on the police report. It directed the insurer to pay the entire insured sum, giving reasons. The SC relied on its previous decision that delay in intimation may be condoned if properly explained.

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