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sunil (cs)     29 August 2008

Insaurence citation required

Dear friends,

I read somewhere, there is one latest case on subject that if

Insurance company restricted to the claimant that if he accepted the claimed amount as full and final settlement (even claimant has claim much larger amount then settled amount by insurance company), he can not dispute later on on such claim matter and go into the court for claiming in this matter,

Supreme court/ high court rejected the contention on insurance company and permit the claimant to continue with legal proceeding.

I need legal citation on this subject matter.

please help on the same.




 3 Replies

Guest (n/a)     29 August 2008


                      Insurance – Execution of discharge voucher, not always deprive insured from preferring claim for deficiency in service – No estoppel against legally sustainable and rightful insurance claim.


AIR 1999 SC 3027

Rajan Salvi (Lawyer)     29 August 2008


Pankaj Rai (Lawyer)     31 August 2008

Amount received by complainant from insurance company in full and final settlement.Complaint filed for balance amount.No protest at the time of insurance of receipt.Claim can not be entertained.(Kamlesh Tewari v/s The New India Ass. Co.Ltd.C.PJ.2000(1) Page403 U.P.S.C.D.R.C.)

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