VidhiSangh

Supreme Court of India · 04/10/2017

OM PRAKASH versus RELIANCE GENERAL INSURANCE AND ANR.

[2017] 11 S.C.R. 893 · 2017 INSC 1001

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Summary

An insurer repudiated a verified truck-theft claim because notice was delayed eight days. The owner explained that he had been assisting police efforts to trace the vehicle. The Court held that satisfactorily explained unavoidable delay could not mechanically defeat a genuine claim, reversed the consumer fora, and awarded the approved loss amount plus compensation and interest.

Issues

  1. Whether an eight-day delay in notifying a genuine theft justified repudiation despite a satisfactory explanation.
  2. What monetary relief should follow.

Held

Result

Appeal allowed; all three consumer-forum orders set aside and claim allowed for Rs.8,35,000 with eight per cent annual interest from the claim-petition filing date until payment, due within eight weeks; no costs.

Judgment PDF: Supreme Court of India, [2017] 11 S.C.R. 893.