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SUBHASH CHANDRA
Parenteral Drugs (India) Limited – Appellant
Versus
United India Insurance Company Limited – Respondent
ORDER
Subhash Chandra, Presiding Member—The present complaint has been filed by the complainant under section 21 of the Consumer Protection Act, 1986 (in short, ‘the Act’) alleging deficiency in service by the opposite parties in the settlement of an insurance claim.
2. The brief facts of the case, as stated by the complainant, are that it is engaged in the business of manufacturing and trading of drugs and pharmaceuticals products at its plant located near Indore. The complainant purchased a Form Fill and Seal (FFS) machine worth Rs.32.32 crores from M/s Anitas Exports Limited at Village Bhud, Baddi, Nalagarh, District Solan, Himachal Pradesh. A Marine Cargo Specific Voyage Policy was obtained with effect from 26.06.2010 against a premium of Rs.1,42,418/- for a total insured sum of Rs.32.32 crores for transportation by road. The operation of the policy was from the time the consignment left the warehouse (commencement of transit) and continued during the ordinary course of transit including customary transhipment, until delivery to the final warehouse of the destination named in the policy, until expiry of 7 days after the arrival of the vehicle at the destination town which ever
(1) Surveyor – The conclusions drawn by the surveyor to just cast a doubt as indicted above, in the opinion of the Commission, amounts to an adhoc assessment and rather an arbitrary avoidance of taki....
Additional box loaded - In the absence of any evidence to support the assertion that there was an additional box loaded in the front of the trailer before the transportation of the consignment from P....
Marine Cargo Specific Voyage Policy – Insurer cannot be held liable for any loss or damage to insured cargo on account of negligence or fault of Master of ship.
(1) Claim of Insured not been repudiated rather it has been accepted, as such various grounds raised in written reply/arguments for repudiation of the claim have to be ignored. (2) It is well settled....
(1) Perils - Once it is established that surveyor has no concrete reasons to frame his opinion but it has presumed that it might be because of excluded perils. (2) Legitimate Right - Mere presumption....
The Carrier's liability for the loss, damage, or non-delivery of goods entrusted to it is not limited or affected by any public notice unless there is a special contract signed by the owner of the pr....
The Insurance Company cannot repudiate a valid claim if it failed to advise against potential policy breaches prior to the incident.
(1) Surveyors - Surveyors are appointed by the Insurance Companies and they work strictly as per the directions given and the mandate assigned to them by the Insurance Companies.(2) Independent mind ....
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