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RAM SURAT RAM MAURYA, INDER JIT SINGH
Jodhpur Industries – Appellant
Versus
New India Assurance Co. Ltd. – Respondent
ORDER
Heard Ms. Sonia Sharma, Advocate, for the complainants and Mr. R.B. Sami, Advocate, for the opposite parties.
2. M/s. Jodhpur Industries and Ms. Nisha (the Insured) have filed above complaint for directing The New India Assurance Company Limited (the Insurer) to pay (i) Rs.11681327/- with interest @18% per annum, from 01.09.2016 till actual payment, as the insurance claim; (ii) Rs.10/- lacs, as compensation for mental agony and harassment; (iii) Rs.10/- lacs, as business loss; (iv) costs of 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) M/s. Jodhpur Industries (the Insured) was a proprietorship firm and engaged in manufacture and sale of bread and biscuit. Ms. Nisha (complainant-2) was proprietor of the Insured. The Insured took a shed at B-24-A, RIICO Industrial Area, Rajgarh, Rajasthan, on rent through lease deed dated 22.03.2014 from Prem Kumar Bansal and installed manufacturing unit i
Insurers must substantiate their claim settlements and cannot rely on acceptance of prior inadequate offers without fully disclosing material information.
Insurance claims must be assessed justly, with surveyor reports not being conclusive and subject to scrutiny.
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 / ....
Underinsurance assessed by Surveyor is arbitrary.
Approved Surveyor’s report may be foundation for settlement of claim by Insurer but such report is neither binding upon insurer or insured.
The court established that prior acceptance of an insurance settlement does not bar legitimate further claims, adhering to the principles of indemnity outlined in the insurance contract.
Insurance companies must provide substantial proof when denying claims; unjust repudiation leads to enforceable obligations to pay agreed amounts.
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