Chandigarh State Commission Holds New India Assurance Company Liable Rejecting Insurance Policy Unreliable Evidence (Consumer Case)
The complainant insured his Honda Jazz car for Rs. 4,80,000 with New India Assurance Company Ltd. for the period 15.12.2022 to 14.12.2023. on 04.02.2023, the car was involved in an accident while the complainant was trying to avoid street dogs.
He was hospitalized in an unconscious state, and after recovery, he submitted the required documents for the insurance claim, which was subsequently rejected by the insurance company. The company alleged the complainant was under the influence of alcohol, invalidating the claim. The District Consumer Commission partly allowed the complainant, ordering the insurance company to pay Rs. 4,79,000 with interest, Rs. 20,000 in compensation, and Rs. 10,000 in litigation costs.
Dissatisfied, the insurance company filed an appeal before the State Commission. The Commission noted that no blood or breath analyzer test was conducted to confirm the complainant’s was taken to the hospital by the police after the accident, the medical report was deemed unreliable as the information provided was from an unrelated individual who did not witness the accident.
Given the lack of credible evidence regarding alcohol consumption, the Commission ruled that the claim could not be rejected on such grounds. Consequently, the State Commission upheld the District Commission’s decision, and the appeal was dismissed.
Source: – Live Law
By: – Rajat Ranjan
