Back
SUGATO MAJUMDAR
Sethia Oils Limited – Appellant
Versus
National Insurance Company Limited – Respondent
JUDGMENT :
Sugato Majumdar, J.
1. The present suit is filed by the Plaintiff in respect of insurance claim against the Defendant no. 1.
2. The plaint case, in nutshell, is that the Plaintiff is engaged in the business of manufacture and sale of refined rice bran oil. Oil is manufactured at the Plaintiff’s facilities on GT Road, Pemra, P.O.- Jothrang, District-Burdwan. Oil is transported to different states of the country. The Plaintiff use to engage various transporters having oil tankers for transportation of oil. In order to indemnify from any loss which may arise during transportation, the Plaintiff obtained a policy of insurance from the Defendant no. 1. The said policy is one known as Marin Cargo Open Policy. Under the policy the Plaintiff was insured from loss, arising from transit risk, including accident. The policy was applied for and issued at Defendant no. 1’s office at B-2/1, Gillander House, 8, Netaji Subhas Road, (2nd Floor), Kolkata – 700001 within jurisdiction of this Court. Total sum insured was Rs.10,00,00,000/-. Defendant No.1 is a statutory body running insurance and allied business and the Defendant No.2 is a transporter.
3. The Plaintiff entered into a contract fo
The burden of proof lies with the insurer to establish a fundamental breach of the policy in order to avoid liability for an insurance claim.
An insurer cannot be exonerated from liability for passengers covered under the policy due to vehicle overloading, provided the accident resulted from negligence. 'Pay and recover' applies only to pa....
A claim can be settled on a non-standard basis despite breach of insurance policy conditions if not deemed fundamental; overloading does not invalidate all claims.
Marine Cargo Specific Voyage Policy – Insurer cannot be held liable for any loss or damage to insured cargo on account of negligence or fault of Master of ship.
Insurance claims can be settled on a non-standard basis for non-fundamental breaches, with compensation adjusted according to the degree of overloading.
(1) Claim of Insured not been repudiated rather it has been accepted, as such various grounds raised in written reply/arguments for repudiation of the claim have to be ignored. (2) It is well settled....
Admissible Claim – Complainant/Respondent is found entitled to an amount not exceeding 75% of the admissible claim. The actual over-loading in the given case was to an extent of 15.83 MT over and abo....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
