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RAM SURAT RAM MAURYA
Oriental Insurance Co. Ltd. – Appellant
Versus
Deepika Cements Pvt. Ltd. – Respondent
ORDER
Heard Mr. Mohan Babu Agarwal, Advocate, for the appellant and Ms. A. Subhashini, Advocate, for respondent-1.
2. Above appeal has been filed from the order of State Consumer Disputes Redressal Commission, Andhra Pradesh, dated 24.02.2009, passed in CD/37/2005, partly allowing the complaint and directing the Insurer to pay Rs.911680/- with interest @12% per annum, from 01.12.2000 till the date of payment, as insurance claim and Rs.5000/- as cost of the litigation.
3. The office has reported 79 days delay, in filing the appeal. The appellant has filed an application for condonation of delay. Cause shown is sufficient. Delay in filing the appeal is condoned.
4. Deepika Cements Private Limited (the Insured) filed CD/37/2005 for directing Oriental Insurance Company Limited (the Insurer) to pay Rs.25/- lacs, with interest @18% per annum, from 25.08.2000 till its realization, as the insurance claim and any other relief which may deemed fit and proper. The complainant stated that the Insured was private company, registered under the Companies Act, 1956 and engaged in the business of manufacture and sale of cements, from its factory, situated at Plot No. K-5, IDA, Rd. No.-5, Nacharam,
Inundated - The rainfall measured 24 cm on a single day on 24th August, 2000. Many areas of these cities were inundated. As such, it is proved that cause of loss was inundation due continuous rain fa....
Insurance claims must prove the cause of loss without reliance on unsupported allegations.
The court affirmed that damages due to inundation are covered under the insurance policy, and failure to provide policy terms invalidated the insurance company's repudiation.
1. Investigated and determined - Merely because recording of evidence is required, or some questions of fact and law arise which would need to be investigated and determined, cannot be a ground for s....
Surveyor – It is mandatory for the Insurer to appoint a surveyor for assessment of loss, exceeding Rs.25000/- under Section 68 UM of Insurance Act, 1938. Bonafide/malafide – The surveyor is an expert....
Underinsurance assessed by Surveyor is arbitrary.
Insurance claims must be assessed justly, with surveyor reports not being conclusive and subject to scrutiny.
The Insurer must provide clear evidence for repudiation; mere allegations of defects do not suffice against documented damages.
(1) Appellant/Insurer did not disclose the name of the officer, who had settled the claim nor adduced any evidence in this respect.(2) Although the stock of spare parts as submitted by the Appellant/....
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