Delay in intimating insurer of loss caused

2020 (2) KCCR SN 142 (SC)
SUPREME COURT OF INDIA (Civil Appellate Jurisdiction)
(From NCDRC, New Delhi)

Saurashtra Chemicals Ltd. (Presently known as Saurashtra Chemicals Division of Nirma Ltd.)
Versus
National Insurance Co. Ltd.

Civil Appeal No. 2059 of 2015, decided on 13.12.2019

CONSUMER PROTECTION ACT, 1986-Section 2(1)(g)- Deficiency in Service-Repudiation of insurance claim-Loss caused to due to spontaneous combustion of insured coal lignite- Delay in intimating insurer of loss caused-On appointment of surveyor not precluded from raising plea of breach of terms of policy as there is no waiver of condition of policy in regard intimation of loss.

CONSUMER PROTECTION ACT, 1986-Section 2(1)(g)- Repudiation of insurance claim-Delay in intimating insurer of loss caused-Insurer not mentioning of ground of delay in letter of repudiation-Taking plea at hearing of complaint before forum- Not a ground for rejection of claim.

Appeal allowed.