R JAYAKUMAR Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) THIS Revision Petition filed by R. Jayakumar raises the question of the relevant date from which the period of 12 months for filing the claim with the Insurance Company is to be calculated. Briefly the facts are that the Complainant Shri R. Jayakumar, insured his tempo van with the branch office of the National Insurance Company Ltd. at Cuddalore, Respondent No. 1. This van met with an accident on 15.5.1991 and the claim was made by the Complainant for the damages suffered by the vehicle. The claim was repudiated by the Insurance Company on 4.12.1991. The Insurance Company opposed the claim on the ground that the claim having been repudiated on 4.12.1991 by the Insurance Company, any complaint in this regard should have been filed before 3.12.1992 whereas the complaint was filed only on 8.2.1994, more than 12 months after the repudiation. In support of this contention the Insurance Company has cited Condition No. 7 in Paragraph No. 4 of the policy which reads as follows :

(2.) THE contention of the Complainant is that after the repudiation by the branch office of Insurance Company at Cuddalore on 4.12.1991 he remained in correspondence with their Regional Office which reiterated the repudiation on 19.3.1992 and, therefore, the period for limitation under Condition No. 7 should be reckoned from 19.3.92 and not from 4.12.1991. If that is accepted, his complaint will be within the prescribed period of 12 months.

(3.) WE have given our careful consideration to this issue relating to the date from which the period of 12 months should be calculated to satisfy the Condition No. 7 of the policy.