RAJINDER KAUL Vs. UNITED INSURANCE CO LTD

JUDGEMENT

(1.) This is an appeal against the order of the J and K State Consumers Protection Commission, Jammu ("Commission") by which the complaint of the appellant against the respondent Insurance Company was dismissed on the ground that the claim for loss or damage was not made within period of 12 calendar months as contemplated by condition No. 4 (iii) of the Policy of insurance.

(2.) The Commission relied on the decision of the Supreme Court in National Insurance Company Ltd. v. Sujir G. Nayak and Co. AIR 1997 SC 2049.

(3.) We have heard the learned counsel for the appellant. There is no dispute about that fact that the loss took place in March 1992 and it was reported to the Insurance Company after about 3 years in January, 1995. Clause 4(i) of the Policy of Insurance stipulates that on the happening of any loss or damage, the insured shall forthwith give notice thereof to the Company and shall within 15 days after the loss or damage or such further time as the Company may in writing allow in that behalf deliver to the Company a claim in writing. Clause 4(iii) of the Policy provides that in no case whatsoever the Company shall be liable for any loss or damage after the expiration of 12 months of the incident unless the claim is subject to pending action or arbitration. Admittedly, in the present case, none of such conditions were fulfilled. Notice of loss was given to the Insurance Company for the first time after 2 years and 10 months. That being so, in view of Clause 4 of the Policy, the Insurance Company was not liable for the loss. In that view of the matter, the Consumers Protection Commission, in our opinion, was justified in rejecting the complaint of the appellant.