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R. K. AGRAWAL, S. M. KANTIKAR
HCC-CPPL JV – Appellant
Versus
ICICI Lombard General Insurance Company Ltd. – Respondent
ORDER
The present Consumer Complaint has been filed under Section 12 of the Consumer Protection Act, 1986 (for short “the Act”) by M/s HCC-CPPL JV (hereinafter referred to as the Complainant Company) against Opposite Party, i.e., ICICI Lombard General Insurance Co. Ltd. (hereinafter referred to as Opposite Party Insurance Company).
2. The brief facts of the case are that the Complainant Company is specialized in Canal Earthworks, Hydro Based Projects and Tunneling Projects. Government of Andhra Pradesh awarded a contract to the Complainant for executing the Vellgonda Tunnel Irrigation Project. The contract was awarded to the Complainant for Rs.7,35,21,00,000/- and Agreement with the State Government was entered into on 21.06.2007. The contract value included the cost, transportation, storage, assembling, erection, commissioning and operation of Tunnel Boring Machine till the end of the completion of the Project. In response to quotations invited from various Insurance Companies to cover the Project under Contractor’s All Risk (CAR) Insurance Policy, the Opposite Party Insurance
Insurers are obligated to act fairly in claim assessments, and claims under insurance policies cannot be dismissed solely based on survey reports lacking independence.
Insurance companies must provide substantial proof when denying claims; unjust repudiation leads to enforceable obligations to pay agreed amounts.
Insurance claims must be assessed justly, with surveyor reports not being conclusive and subject to scrutiny.
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.
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