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...further contended by the complainant that Sec.64 VB of Insurance Act, 1938 is not applicable to this policy. The said Sec.64 VB of the ...to Ex.B-3, i.e., the endorsement schedule, the receipt of the premium and Certificate in respect of Sec.64 VB of Insurance Act, 1938 that the OPs issued the Ex.B-1 in co...risk covers from the date of inception of her name in the policy by paying premium. The Sec.64 VB of the Insurance Act, 1938 prohibits insurers from assuming any risk i...
...clear violation of Sec.64 VB of Insurance Act 1938.
It is stated that the complainant has mislead the Opposite Parties' company, by modifying the v.... Singareni Collieries company Ltd., which is a clear violation of Sec.64 VB of Insurance Act 1938 due to which short premium was collected by the Opposite parties while issuing ...amounted to clear violation of Sec.64 VB of Insurance Act 1938 which was evident from the Load Challan bearing
No.300009236108 dated 05.06.2022 iss...
...- 39010231186203062390 relating to National Insurance CO. Ltd. and the same is void as per Sec-64 VB of Insurance Act-1938.Also they do not found in the record that deceased Rama...Uttam Sahu of village Kanjiamba under Kundheigola P.S in the district of Deogarh. Further the Complainant is not a consumer of the O.P-1 unless the payment as per sec 64-v-B under Insurance Act is...of dealers and he is acting on behalf of the broking agent. The O.P-1 on verification of record found that the premium amount has not been received by the Insurance company vide policy certificate no...
...limitations thereof and in confirmation of compliance of Sec.64 VB of Insurance Act 1938. Further the respondent taken contention that, owner ...averments and puts the complainant to strict proof of the complaint averments. While respondent admits issuance of the policy, coverage of the risk subject to the terms and conditions, exceptions and...conditions of the policy and also violation of MV Act. Accordingly looking into all the aspects and after coming to the proper conclusion only respondent repudiated the claim and have justified in...
...indemnify the owner though the policy of insurance was cancelled. Being dissatisfied with the above finding, this appeal has been preferred by the insurer.3. Sub-sections (1) and (2) of Sec. ...the meantime on 19th April 1990 the accident took place. In these factual premise the Supreme Court considered the submission that in view of the provisions of Sec. 64-VB of the ...Vehicles Act and Section 64-VB of the Insurance Act, 1938.11. In view of what is said above, the contentions raised by the appellant have no merit and they are accordingly...
...Senior Advocate for the appellant submitted that explanation to Sec.64-VB of the Insurance Act, 1938 provides that where the premium is tendered by postal money....64-VB of the Insurance Act, 1938 provides no risk to be assumed unless premium is received in advance. The same is quoted hereunder;“Sec.64-VB. .... Mere delay in giving an answer cannot be construed as an acceptance, as, prima facie, acceptance must be communicated to the offeror. The general rule is that the contract of insurance will be concluded only when the party to whom...
...violation of Sec.64 VB of the Insurance Act 1938. Opposite party even dispute the factum of damages caused to the vehicle and the amount spent by way o...whether Sec.64 VB of the Insurance Act could be made applicable in this particular case where the insurer failed to collect the premium made by way of cheque already issued by the insurer . The facts of...contentions. 4. As afore posed whether the opposite party can take shelter under Sec.64 of VB of the insurance Act to save themselves from the liability of payment of compensation...
...letter dated 13-07-2015 being issued by the Appellants was a clear pointer of utter negligence on the part of the Respondent No. 1. It also appears that, in terms of Sec. 64 VB (1) of the.... 1 though blamed the Appellants for not issuing second renewal notice, in terms of Clause No. 5.16 of the insurance policy, the Appellants had no such compulsion. Furthermore, not acting upon the...Midnapore)
1. The Bus. Centre In Charge, National Insurance Co. Ltd. Tollygunge Business Centre, 211/A2A, Prince Anwar Shah Road, Kolkata - 700 033.
2. The...
...was not in force. Hence, there is a non-compliance of Sec 64 VB of the Insurance Act, 1938." The O.P. alleged the complainant has not complied with Section 64 of ...violation of Sec.64 VB of Insurance Act, 1938 and other policy conditions. In respect of the Paragraph No.5, it is denied as false and the complainant have misinterpreted the fac...the main allegation of the O.P. that the complainant has not complied with Section 64 VB of Insurance Act, 1938 is not correct. The CAR Policy was resumed w.e.f. 17.08.2016 after a break. The...
...risk and such insurance policy was also subsequently cancelled and the owner was accordingly intimated about such cancellation. He has also tried to rely upon the provisions of Sec. 64-VB.... Ltd. v. Sk. Ayeb Mohammed (2)1991 ACJ 650 (SC) of the supreme court in support of his contention. The provisions of Sec. 64-VB of the Insurance Act are as...which was false in some material particular.”7. In view of the provisions in Sec. 64-VB of the Insurance Act read with the provisions of Sec. 96(2)(c) of the Moto...
...it is in violation of Sec. 64 VB of the Insurance Act, 1938. Therefore, claim is not tenable under the policy. It is argued that the certificate cum policy schedule clearly state...05.12.2007 as a result of which the policy itself stood cancelled as it is in violation of Section 64VB of the Insurance Act, 1938. Thus it is argued that the conduct of the complainant is in gross breach...General Insurance
14-H, Hansalaya Building, 14thFloor, 15, Barakhamba Road, New Delhi - 110001.
Opposite Party Quorum...
...assumption of risk by the appellant in view of Sec. 64-VB of the Insurance Act, 1938. The learned Judge took the view that there is no provisi...failed to show any provision from the Insurance Act, 1938 providing for issuance of cover-note for acceptance of risk by appellant. It may be noted that the law of insurance is mainly developed by...is a stop-gap arrangement. In my view, therefore, it was not correct on the part of the learned Judge to hold that as there is no provision in the Insurance Act, 1938, in respect of cover-note, it...
...and another , II (2000) ACC 34 and 2001 ACJ 2022. It is observed by Honble Madras High Court in that case that in the light of Sec. 64-VB of the ...and hence the period of policy started from the said date and not from 12.40 hours on 18/05/2009. He relied upon the observations made in the case of Oriental Insurance Company Ltd V/s- Vadhal...consumer as Defined U/Sec. 2(1)(d) of Consumer Protection Act ? Yes 02. Whether complainant has proved the deficiency in service provided by the opponent Nos. 1 and 2 to it ? No...
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...Company is bound to give insurance coverage from the date of such payment in view of the combined reading of sub-Section (2) together with its Explanation and sub-Sec.(4) of Section 64 ..., however, submitted that as the policy was issued from 03/07/2007 to 29/06/2008 the Opposite Party has rightly refused to entertain the claim under Sec.64 VB of Insurance Act. I...Opposite Party had not repudiated the claim on the basis of the report of the Surveyor but only under Sec.64 VB of the Insurance Act and we have already held that the said ground of rejection is totally...
...subject to the terms, conditions, exceptions and limitations thereof and the confirmation of compliance of Sec.64 VB of the Insurance Act, 1938....said reason the insured vehicle ought not to have plied on the road as Sec.39 of the M.V. Act bars using of a vehicle in public place without valid registration. Hence, the complainant violated the...violated the provisions of the M.V. Act Sec.39. The opposite party relied upon a judgment of the National Commission and also Supreme Court. 11. We...
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Sec.64 VB of the Insurance Act, 1938. This opposite party specifically denies that on 15-03-2019 at 9:30 p.m., the complainant had parked the motorcycle in...envisaged in Sec.2 (e) of Consumer Protection Act, the contract of insurance does not come under the purview of sale of Goods as defined under Sec.2 (i), hence the complaint may be dismissed as not...Protection Act, even though they are not parties to the contract of insurance. The definition of 'Consumer' under the Consumer Protection Act is very wide and not only includes a person...
...Mohd Ekbal Pasha holder of Gold debit card issued by opposite party no.1 bank subject to terms, conditions, exceptions and 3limitations thereof and the confirmation of the compliance of Sec.64 Vb ...same is liable to be dismissed. The opposite party no.2 further submitted that as per the records for said Insurance Policy No.CSP0000015000100 valid from 12-9-2011 to 11-9-2012 covering the risk of...Sec 2(d) of C.P.Act and the above complaint does not fall under the purview of consumer dispute as envisaged in Sec 2(e) of the Act. Hence the above complaint is not maintainable and the...
...was no insurance at the time of death, the 2nd Opposite party has invoked the provision of Sec.64 VB of the Insurance Act, 1938. The ...of the Insurance Act, IRDA Regulations and the terms of the policy. He has expressed his willingness to refund the premium paid in respect of Madappas insurance. 8. From the above pleadings...insured the life of its members with the 2nd Opposite party an insurance Company. Late Madappa being a member of the 1st Opposite party Board he was also a beneficiary of the insurance. The...
...complainant herein and was covered with policy of insurance issued by the opposite party No.1 subject to the terms, conditions, exceptions, limitations and liability thereof and the confirmation of the compliance ...section 12 of Consumer Protection Act, 1986 prays, to direct the opposite parties to pay Rs.5,00,000/- being the amount incurred for her eye surgery treatmen...are as follows that:- the complainant and her husband have taken travel insurance policy bearing No.OG-17-1515-9910- 00000029, on 24-01-2017. On 30th Jan, 2017, the complainant and her husband went to...