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M.B.SHAH, RAJYALAKSHMI RAO
Soya Udyog Ltd. – Appellant
Versus
United India Insurance Co. Ltd. – Respondent


Advocates:
Counsel for the parties:
For the Appellant : NEMO.
For the Respondent:Mr. K.L. Nandwani, Advocate.

ORDER

M.B. Shah, President — The short question involved in these Appeals is whether the Insurance Company can repudiate a claim, even after receipt of premium and issuance of policies, on the sole ground that the premium was not received by it in advance as provided in Sec. 64-UB of the Insurance Act, 1958. It is contended by the Insurance Company that the premium was accepted by the officers of the Insurance Company inadver-tently without powers, in violation of the provisions of Section 64-UB , and hence, the contract of insurance is void. That contention of the Insurance Company was accepted by the State Commission.

2. It is the contention of the Comp-lainant/Appellant in all the appeals, that it is a private limited company, engaged in manufacture of soya oil and cake. It took marine insurance policies for safe delivery of soya extraction from Shujalpur to Wind Mill (Jam Nagar). The consign-ment reached the destination, but in all the cases there was short delivery. Hence, it has submitted transit insu-rance claims under marine insurance policies. Those Claims were repudiated by the Insurance Company on the ground that premiums paid cheques were not received in advance as requir













































































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