It is duty of insurance company to give all relevant particulars of coverage and compensation in policy certificate itself - Conditions or exclusion from coverage are to be specifically stated therein - facts were not mentioned inpolicy certificate - insurer liable to fully compensate claimant.

Citation

AIROnline 2022 MAD 190

Madras High Court

(MADURAI BENCH)

MRS . R. THARANI , J.

C.M.A(MD) - 1226 of 2009 D/- 27 - 10 - 2022

Oriental Insurance Co.Ltd Kerala v. N. Subburaj

Motor Vehicles Act (59 of 1988), S.166, S.147 - Liability of insurer - coverage of policy -

Introduction of new claim - It is duty of insurance company to give all relevant particulars of

coverage and compensation in policy certificate itself - Conditions or exclusion from coverage

are to be specifically stated therein - In appeal however, insurer introduced a new case by

asserting that only for Death or loss of two limbs or sight of two eyes, 100% coverage can be

awarded - For 100% Permanent, total disablement compensation can be awarded and only for

loss of one limb or sight of one eye, 50% can be awarded - These facts were not mentioned in

policy certificate - As premium paid for owner and conditions of exclusion was not mentioned

in policy certificate, insurer liable to fully compensate claimant.

AIROnline 2018 SC 266-Followed

AIR 2000 SC 1014, Followed

 (Paras 11 , 12 , 13) 

Cases Referred

Chronologic