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IN THE HIGH COURT AT CALCUTTA
Arijit Banerjee, Rai Chattopadhyay
National Insurance Company Limited – Appellant
Versus
Sethia Oil Industries Limited – Respondent
JUDGMENT :
Rai Chattopadhyay, J.
(1) A judgment of the Hon'ble Single Judge dated October 1, 2019 in CS No. 99 of 2008 is under challenge in this appeal that is, APD No. 1 of 2020. The suit involved the question of legality, propriety and justifiability of repudiation of claim for the loss and damage of the present respondent/plaintiff insured under a policy, with the appellant/insurance company; that whether the respondent/plaintiff was entitled to redemption of damages for the loss said to have suffered by the same.
(2) The respondent/plaintiff has claimed in the said suit a decree for recovery of Rs. 73,28,754.54/- against the appellants/defendants and interest at the rate of 24% per annum.
(3) The plaintiff's case before the Hon'ble Single Judge was inter alia that the plaintiff company produces and supplies rice bran oil to various parts of the country by tankers. For the purpose of transportation of such oil, the plaintiff company engages various transportation companies, to provide for oil tankers. For the purpose of indemnifying itself from any loss which may arise during transportation, the plaintiff obtained insurance policy from the appellant/defendant insurance company kno
The burden of proof in insurance claims lies with the insurer to establish policy violations, and claims cannot be repudiated without substantial evidence supporting such breaches.
The court emphasized the need for proper justification and adherence to regulations in repudiating an insurance claim, and highlighted the importance of considering expert reports and providing reaso....
(1) Adverse Claim – The law mandates that a party confronted with an adverse claim must voice its opposition; failure to do so results in a deemed acceptance of the allegations or facts asserted agai....
(1) Contract of Insurance – It is well settled that a contract of Insurance is to be honoured strictly in terms of the conditions specified in the Policy without making any alteration in the words us....
Court upheld the validity of the surveyor's report in determining insurance claims, emphasizing evidence over insurer claims of misrepresentation.
Insurance companies must provide substantial proof when denying claims; unjust repudiation leads to enforceable obligations to pay agreed amounts.
Second Surveyor – In the present case, there no valid reasons are stated for the appointment of the second surveyor. There is nothing to suggest that the first surveyor’s report to be arbitrary or th....
The Insurer must provide clear evidence for repudiation; mere allegations of defects do not suffice against documented damages.
(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....
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