ORINTAL INSURANCE COMPANY LIMITED Vs. MAHENDRA CONSTRUCTION

JUDGEMENT

(1.) The respondent / complainant obtained an insurance policy from the appellant in respect of a hydraulic excavator machine. The said machine having been set on fire by Naxalites, a claim was preferred before the appellant. The claim was rejected vide letter dated 25.11.2008 which to the extent it is relevant reads as under:-

(2.) Being aggrieved from the rejection of the claim, the complainant / respondent approached the concerned State Commission by way of a consumer complaint.

(3.) The complaint was resisted by the appellant primarily on the grounds on which the claim had been repudiated. It was interalia stated in the reply that the issuance policy was obtained by the complainant by misrepresentation by not filling Column No.25(g) of the proposal form whereby it was required to declare the details of the claims lodged during the three preceding years.