Back
C. VISWANATH, RAM SURAT RAM MAURYA
Baijnath Ramkishore Jewellers – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent
ORDER
Heard Mr. Ramesh Singh, Senior Advocate, assisted by Ms. Shreya Jain, Advocate, for the complainant and Mr. Vishnu Mehra, Advocate, for the opposite party.
2. M/s. Baijnath Ramkishore Jewellers (the Insured) has filed above complaint for directing M/s. Oriental Insurance Company Limited (the Insurer) to pay (i) Rs.24933505/- with interest @ 18% per annum, from 20.04.2010 till its payment i.e. the insurance claim, (ii) Rs. 25000000/- to recompense for consistent rise of prices of gold and diamond, from the date of loss and onward, (iii) Rs.500000/- as compensation for mental agony and harassment, (iv) Rs. 100000/- as cost of the litigation and (v) any other relief, which is deemed fit and proper, in the facts and circumstances of the case.
3. The facts, as stated in the complaint and emerged from the documents attached with the complaint, are as follows:-
(a) The Insured was a proprietorship firm and started its business of sale/purchase/repair of jewellery, bullion and precious stones since 13.10.2008, at the given address, which was a three storied building, in which, ground floor and first floor were shop/show room and second floor was used for office, pantry, workshop etc
Vague Warrantee clause - Warrantee clause of the policy was vague, as such, the term of the policy is liable to be interpreted in favour of the Insured and the claim could not be denied on the basis ....
Insurer should not repudiate claim of insured merely on ground of short delay.
Insurance Company cannot travel beyond grounds mentioned in repudiation letter.
Underinsurance assessed by Surveyor is arbitrary.
(1) Contractual terms – In appreciation of contract of insurance, it is an established legal position that the scope for introduction of fresh terms or interpretation terms to introduce new dimension....
The court emphasized timely settlement of insurance claims and the reliance on surveyor assessments despite the insurer's delays.
Corroboration of Evidence – The surveyor is an expert and its report stands on the footing of expert evidence and has to be corroborated with other evidence on record, in order to examine bonafide / ....
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
