Page 24 - Insurance Times September 2015 SAMPLE

Singhal IV (2010) CPJ 297 (NC) wherein National Commission
the driver cannot be treated as willful breach of condition
no.5 on the part of the driver. If in the hurry to answer the
call of nature the driver forgot to remove keys from the
ignition switch, he cannot be said to have committed willful
breach of violation of the terms as strated in the above
condition no.5.
Non Standard Settlement:
The District Consumer Forum of Ajmer on consideration of
the pleadings of the parties and evidence,allowed the
complaint on non-standard basis with following observations:
"At the time of the arguments complainant advocate cited
a judgment (2010) CPJ 297 (NC) National Insurance Co. Ltd.
Vs. Kamal Singh in which it is held by the Court that 'Driver
was not expected to carry key while getting down to
answer nature's call-Claim be settled on 'non-standard
basis.' According to complainant, the Driver went to nearby
agriculture field to attend nature's call and during that time immediate notice to the police and co-operate with the
the truck was stolen and he didn’t intimate the policy
authority about 10 days and it is breach of policy. Therefore,
according to Hon'ble Apex Court citation Amalendu Sahoo's
versus Oriental Insurance Co. Ltd. 2010 CPJ 485 we allow
the claim of the complainant at non-standard basis."
In the aforesaid view we are supported by judgment of
Punjab & Haryana High Court in the matter of Bajaj Allianz
General Insurance Company Ltd. Vs. M/s Sagar Tour &
Travels & Anr. P.L.R. Vol. CLX IV - (2011-4). Similar question contract, it is usually construed to mean "within a
came up before the coordinate Bench of this Commission
in the matter of National Insurance Co. Ltd. Vs. Kamal
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while dealing with the issue of breach of condition for not
taking reasonable care of not safeguarding the insured
vehicle observed thus:
"True it is that, had there been such evidence, the
discrepant statement made by passengers of the insured
as quantum of hire and reward was not a significant issue.
Repudiation of claim made by Insurance Company was also
found to be invalid for the reason that since driver was not
expected to carry key of the vehicle with him while getting
down from the vehicle to answer nature's call, particularly,
when the vehicle was within his sight".
Willful Breach of Policy Condition:
The insurer and the insured are bound by the conditions
enumerated in the policy and the insurer is not liable to the
insured if there is violation of any policy condition. In theft
cases of insured vehicles the first and foremost condition
to be observed is Condition No: 1 of the Policy, which reads
as under:
"Notice shall be given in writing to the Company
immediately upon the occurrence of any accidental loss or
damage in the event of any claim and thereafter the
insured shall give all such information and assistance as the
Company shall require. Every letter, claim, writ, summons
and/or process or copy thereof shall be forwarded to the
Company immediately on receipt by the insured.
Notice shall also be given in writing to the Company
immediately. The insured shall have knowledge of any
impending prosecution, inquest or fatal inquiry in respect
of any occurrence which may give rise to a claim under this
Policy. In case of theft or criminal act which may be the
subject of a claim under this policy the insured shall give
Company in securing the conviction of the offender."
As per Oxford Advanced Learner's Dictionary, the word
'immediately' means 'at once' whereas Stroud's Judicial
Dictionary, Fifth Edition, word 'immediately' in the context
of contract has to be taken as reasonable requisite time
for doing the thing. As per Black's Law Dictionary, Sixth
Edition, word 'immediately' means doing of a thing
straightway or forthwith but when used in the context of
reasonable time having due regard to the nature of
circumstances of the case".