Page 39 - Insurance Times December 2018

INDIAN INSURED -

BE AWARE OF LAW

OF LIMITATION FOR

WINNING OVER

YOUR CLAIMS

Prologue : that for various insurance disputes while redressing of
all the insurance grievances in various Redressal Forums, the
The ''Law of Limitation'' prescribes the time-limit for
cause of action starts from the date of rejection of the
different suits within, which an aggrieved person can
approach the court for redress or justice. It says that in claim.
computing the period of limitation for any suit, appeal or
application, the day from which such period is to be Yet, a judgment of the Supreme Court is sometimes being
reckoned. Limitation Period is the key to the Insurance misinterpreted out of context to claim that the date of
rejection of the claim is irrelevant as the limitation period
Claims.
starts from the date of the incident or occurrence of loss
in respect of which the claim is lodged.
Limitation period means the time within which a person
must file his case before a judicial authority for exercising
Consequently, consumers are at the receiving end as any
his rights. This period is to be calculated from the date of
complaint filed after two years of the date of the incident is
the cause of action. This term does not have any
definition, but it is well settled that "cause of action" is a being rejected as time barred without considering the date
mixed question of fact and law. It has consistently been held of rejection of the claim. As per the Indian law - the manner
of computing the limitation period for deciding an appeal to
the various forum of the judiciary is given under Article 44
About the author (b) of the Limitation Act 1963, which states that time is to
Anabil Bhattacharya be calculated from "the date of the occurrence causing the
B.M.E. (Honours), F.I.I.I., Risk Inspecting loss, or where the claim on the policy is denied either partly
Engineer & Insurance Counselor, or wholly, the date of such denial". But comparing the
Retired Chief Manager, H.O., National ordinary commercial contracts relating other goods / service
Insurance Co. Ltd., KOLKATA. oriented functioning; the case is definitely different in our
E-mail - anabil.bhatt1@gmail.com Indian Insurance parlance. Let us look into it.

The Insurance Times, December 2018 39