Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2021 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (9) TMI 1495 - ALLAHABAD HIGH COURTChallenge to Insurance claim (which was allowed) - time limitation - claim filed after a period of about three months and 15 days from the date of accident - whether this short delay can be condoned? - HELD THAT:- There is no dispute that insurance was valid upto 13.09.2017 and accident took place on 29.08.2017. The claim was filed on 20.12.2017, i.e., after a period of about more than three months. Policy itself provides condonation of delay upto two months even after the Policy came to an end. Therefore, in strict sense, the delay is just more than one month. There is no clause in the Policy which specifically bar the consideration of claim by Court concerned even beyond the period of two months. The decision passed in GAUTAM YADAV VERSUS STATE OF U.P. AND ORS. [2020 (11) TMI 1106 - ALLAHABAD HIGH COURT] is stayed by the Apex Court in THE NATIONAL INSURANCE COMPANY LIMITED VERSUS GAUTAM YADAV & ORS. [2021 (8) TMI 1382 - SC ORDER], though the payment was made by the Insurance Company. Considering that delay in filing the claim petition is just above one month and Insurance Policy is a welfare policy and that though the question of law is pending before Supreme Court but claim was paid in that case, thus the short delay in filing the claim petition can be condoned. No other submission is made on behalf of the petitioner, therefore, the writ petition is accordingly dismissed.
|