Jurisdiction
Madhu Mittal
(Querist) 31 December 2016
This query is : Resolved
Following is jurisdiction clause in life term policy of Insurance company:
Governing Law : These Terms and/or the operations in the Accounts of the User shall be governed by the laws of India. The Parties hereby agree that any legal action or proceedings arising out of the Terms for Internet Banking shall be brought in the courts or tribunals at Mumbai in Maharashtra in India and irrevocably submit themselves to the jurisdiction of such courts and tribunals. Any provision of the Terms for payment gateway which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of prohibition or unenforceability but shall not invalidate the remaining provisions of the Terms or affect such provision in any other jurisdiction.
Respected Sirs,
1.Whether jurisdiction clause is only for payment by insured to company or
2. for all disputes, grievances of not only insured but nominee also.
3.Please let me know whether nominee of insured can file suit in Jaipur where nominee lives/works in case of need arises.
It is not academic query, but one wants to buy a policy of this insurance company, that is why wants to get it confirmed/understood by the members of learned forum.
Thanks with Regard,
J K Agrawal
(Expert) 31 December 2016
This jurisdiction clause limited up to banking transaction and payment dispute only.
Madhu Mittal
(Querist) 01 January 2017
Respected Sir,
All the things will be on line. The bank account of insured at Jaipur and all the premiums will be paid on line to be credited bank at Mumbai of Insurance company. Please Let me also know whether the demise of insured gives jurisdiction at the place where insured used to live/work or at the place of death or nominee lives/works, please also guide of point 3.
Ms.Usha Kapoor
(Expert) 01 January 2017
hings will be on line. The bank account of insured at Jaipur and all the premiums will be paid on line to be credited bank at Mumbai of Insurance company. Please Let me also know whether the demise of insured gives jurisdiction at the place where insured used to live/work or at the place of death or nominee lives/works.
es the demise of insured gives jurisdiction at the place of death of nomineelives/works.
Surrender K Singal
(Expert) 01 January 2017
Governed by laws of India....which is not limited to Mumbai...except for internet payment dispute..
Madhu Mittal
(Querist) 01 January 2017
Respected Sirs/Madam,
I could not understand, "es the demise of insured gives jurisdiction at the place of death of nominee lives/works." can it be read "es the demise of insured gives jurisdiction at the place at death OR nominee lives/works."
Thanks with Regards,
Ms.Usha Kapoor
(Expert) 02 January 2017
Agree with expert JK Aggarwal.