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V.BALAKRISHNA ERADI, A.S.VIJAYAKAR, Y.KRISHAN, B.S.YADAV
HINDUSTAN COPPER LIMITED – Appellant
Versus
NEW INDIA ASSURANCE CO. LTD. – Respondent


Counsel for the Parties :
For the Complainant :Mr. P.P. Malhotra & Mr. Yogesh Malhotra, Advocates.
For the Opposite Party :Mr. P.K. Sethi, Advocate.

ORDER

Mr. Y. Krishan, Member — The complainant, a Government of India Undertaking, had obtained an insurance policy from the Respondent Insurance Company in respect of consignments of copper of different shapes and kinds for delivery anywhere in India. Under the contract of Insurance, it was entitled to certain special discounts which varied with the value of the risk insured. The claims of the petitioner under the insurance policies for the years 1989-90,1990-91 and 199192 (total number of claims 167) of the value of Rs. 22.66 lacs (in the round) have not been paid by the respondent Insurance Company.

2. The respondent Insurance Company has disputed the quantum of the claim by asserting that the special discounts offered with reference to the turn over (value of the insured risk) was not admissible. According to the respondent Insurance Company, “The special discounts under the said declaration policies were granted to the petitioner subject to the approval from the Delhi Regional (Tariff) Committee and as such when the Delhi Regional Committee did not approve the grant of such discounts the petitioner was bound to remit the difference of the insurance premium in respect to the insu







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