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2019 (12) TMI 1664 - SC - Indian LawsWaiver of condition relating to delay in intimation and lodging of the claim, by appointing a surveyor - absence of any mention, of aspect of delay in intimation and violation of conditions of Clause 6(i) of General Conditions of Policy, in the repudiation letter, the same could be taken as defence before the NCDRC - whether the insurer had waived the condition as to delay in intimation by appointing a surveyor? - HELD THAT:- This Court in Sonell* Clocks [2018 (8) TMI 1910 - SUPREME COURT] has distinguished Galada Power on facts and held that the appointment of a surveyor cannot, as a matter of law, be construed as a waiver of the terms and conditions of the insurance policy. However, in Sonell* Clocks, the insurer had taken a specific plea in the repudiation letter that the loss was not conveyed within the stipulated period. The law as laid down in Galada [2016 (7) TMI 1603 - SUPREME COURT] on issue still holds the field. It is a settled position that an insurance company cannot travel beyond the grounds mentioned in the letter of repudiation. If the insurer has not taken delay in intimation as a specific ground in letter of repudiation, they cannot do so at the stage of hearing of the consumer complaint before NCDRC. Admittedly in the case at hand there was no reference of delay in intimation or lodging of the claim as stipulated in Clause 6(i) of the General Conditions of Policy in the repudiation letter - The NCDRC has failed to take into consideration this aspect of the matter and, therefore, cannot be held to be justified in rejecting the claim of the Appellant, on that ground. The Respondent-insurer is directed to make payment of Rs. 63,43,679/-, as assessed by the surveyor, to the Appellant with interest @ 8% from the date of the filing of the claim of petition till date of payment - Appeal allowed.
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