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J. K. MAHESHWARI, VIJAY BISHNOI
Food Court the Company Garden Society – Appellant
Versus
Universal Sompo General Insurance Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. order for immediate payment to insured. (Para 1 , 16 , 17) |
| 2. claim repudiation due to unlisted peril. (Para 2 , 3 , 4) |
| 3. continuous snowfall does not imply negligence. (Para 5 , 11 , 12 , 14) |
| 4. arguments on reasonable care and contract terms. (Para 9 , 10) |
| 5. ncdrc judgment set aside; scdrc judgment restored. (Para 15) |
JUDGMENT :
J.K. Maheshwari, J.
1. Leave granted.
2. The present appeal has been preferred by the appellantinsured (hereinafter referred to as ‘complainant’) aggrieved by the judgment of reversal dated 12.01.2024 passed by the National Consumer Disputes Redressal (in short ‘NCDRC’), setting aside the order dated 31.05.2017 passed by State Consumer Disputes Redressal Commission, Uttarakhand (for brevity ‘SCDRC’), which had partly allowed the complaint and directed the respondent-Insurance Company (hereinafter referred to as ‘Insurance Company’) to pay a sum of Rs. 11,84,192/- along with interest @ 6% per annum from the date of filing the complaint till the date of payment.
3. The complainant (Society) had taken a ‘Business Shield Policy’ (comprehensive risk insurance policy) for its building. The policy was valid on the date of incident, i.e., 18.01.2004.
Insurance – Business Shield Policy – Damage to building due to snowstorm – Peril of snowfall does not fall within exclusions – By applying General Conditions, claim of insured cannot be denied by Con....
(1) Terms and Conditions – The terms and conditions of the Insurance Policies require the Insured to take all reasonable steps to safeguard the property under insurance.(2) Policy – Examination of th....
The court affirmed that damages due to inundation are covered under the insurance policy, and failure to provide policy terms invalidated the insurance company's repudiation.
1. Investigated and determined - Merely because recording of evidence is required, or some questions of fact and law arise which would need to be investigated and determined, cannot be a ground for s....
(1) Reasonable Approach – One has to adopt a reasonable approach and in the opinion of this Commission a storm with a wind speed of 80 kms/hr. would reasonably stand included under the policy risk in....
Insurance policy – Exclusion clause – Burden of proof is on the insurer to show that case falls within the purview of exclusion clause – In case of ambiguity, benefit goes to insured.
Insurance – Collapse of building – Where policy in question is for reinstatement, Complainant is entitled for Reinstatement Value of similar building.
Insurance – In absence of requisite evidence from Complainant to support peril covered under policy, no liability can be fastened upon Insurer.
The Insurer must provide clear evidence for repudiation; mere allegations of defects do not suffice against documented damages.
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