an acceptance, as, prima facie, acceptance must be communicated to the offerer. The general rule is that the contract of insurance will be concluded only when the party to whom an offer has been made accepts it unconditionally and communicates his acceptance to the person making the offer. Whether the final acceptance is that of the assured or insurers, however, depends simply on the way in which negotiations for an insurance have progressed. See in this connection statement of law in MacGillivray & Parkington on Insurance Law, Seventh Edn., p. 94, para 215.” 15. The factual position obtained in the case on hand tend us to hold that the NCDRC had failed to bestow proper consideration of the factual position which C.A. No.270 of 2012 Page 14 of 35consequently led to the mis-application of the decision in Raja Vasireddy Komalavalli Kamba’s case (supra). In view of the decision in D. Srinivas v. SBI Life Insurance Co. Ltd. & Ors.4, wherein this Court distinguished the decision in Raja