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Supreme Court of India 2024-12-17 allowed

RAJESH KUMAR vs NATIONAL INSURANCE CO. LTD

Bench: 2 — Pamidighantam Sri Narasimha, Sandeep Mehta

In Brief

The Supreme Court overturned the National Commission's revision of an insurance claim award. The appellant (consumer) claimed insurance for a vehicle damaged in a March 2013 accident when he had to urgently transport an injured co-passenger to hospital, delaying his notification to the insurer. The District Commission awarded 75% of the insured amount; the State Commission awarded 100% (Rs. 5,02,285). The National Commission reduced it to just Rs. 53,543, applying a policy condition about leaving the vehicle unattended. The Supreme Court held the National Commission exceeded its revisional jurisdiction by interfering with concurrent findings without establishing patent illegality or miscarriage of justice. Given the compelling circumstances and the insurer's failure to prove causation, the insurance claim was payable in full.

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Insurance Law Consumer Protection Motor Vehicle Insurance Revisional Jurisdiction

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