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C. VISWANATH, RAM SURAT RAM MAURYA
Jitendra Impex (Pvt. ) Ltd. – Appellant
Versus
Oriental Insurance Company Limited – Respondent
ORDER
The present Complaint is filed under Section 21(a)(1) of the Consumer Protection Act, 1986.
2. The Complainant is a Company incorporated under the Companies Act, 1956 and is carrying out the business of trading of paper, duplex board, etc.. The Complainant holds a Standard Fire and Special Perils-Floater Policy bearing No. 271701/11/2010/108 issued by the Opposite Party insuring the Stocks in Trade of the Complainant. The sum insured under the said Policy was Rs.1,75,00,000/- and the Gross Premium paid by the Complainant for the said insurance was Rs.65,820/- including Service Tax and Stamp Duty.
3. The case of the Complainant is that a fire broke out in the godown of the Complainant, situated at Khasra No. 562/563, village Sirsapur, Libaspur, Delhi-110034 on 06.12.2010, at around 07:30 AM. According to the Complainant, the godown of the Complainant had stock in trade worth Rs.1,43,27,095.60/- at the time of fire and as a result of fire, the entire stock was destroyed. The Complainant immediately intimated the Opposite Party about the said fire in writing and requested th
(1) Fire - On merits, once it is established that there was fire, it is settled law that it is upon the Insurer to prove that the fire was intentionally caused by the Insured.(2) Burden of Proof - wh....
(1) Liability of Insurance Company – Whether the fire took place by a short circuit or any other reason, as long as the insured is not the person who caused the fire, the Insurance Company cannot esc....
The court established that a consumer can claim under the Consumer Protection Act for insurance disputes, even with commercial intent, emphasizing assessment fairness by the appointed Surveyor.
IMPORATNT POINT Appointment of Surveyor – Insured can also appoint a Surveyor or loss accessor.
Insurance Policy – Fire in Insured Premises – For a surveyor’s report to be declared unacceptable, it is essential that it should be shown to be perverse & arbitrary.
Assessment - In absence of details relating to stage of production of items, the Surveyor was justified in considering the semi-finished cost rate at 50% of finished cost rate on an average of 50% co....
(1) Surveyor Report – Surveyor Report is an important piece of evidence and it has to be given due weight, though it is not sacrosanct and it can be displaced by leading a cogent evidence.
Insurance claims must be substantiated by sufficient evidence; the insurer’s assessment is valid if conducted thoroughly.
Insurance Company cannot travel beyond the grounds mentioned in repudiation letter.
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