Oriental Insurance Company failed to explain to the insured the warranties, exceptions and exclusions. Its Policy said that there were no attachments and on submission of claim petition the Co. invoked exclusion clause. Court said - Exclusion clause not admissible, liable to be ignored because the Insurance Co. failed to prove to the court that they had explained all the exclusions etc. In the result Ms. Jayalaxmi is entitled to receive a sum of Rs.17,055/- towards treatment of Ureteric Calculus plus interest @ 10%.
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