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A. P. SAHI
Mankind Pharma Pvt. Ltd. – Appellant
Versus
New India Assurance Co. Ltd. – Respondent
ORDER
A.P. Sahi, President—The Complainant is a Pharmaceutical Public Limited Company engaged in the business of manufacturing and trading pharmaceutical products of different descriptions. The complaint arises out of a denial of the liability by the Insurance Company in respect of the loss suffered and claim raised by the Complainant which has not been formally repudiated.
2. Ld. Counsel for the Respondent-Insurance Company insisted that at internal page of Para 1 of the Rejoinder filed by the Complainant, it has been stated that the claim has been repudiated through some letter and therefore in the absence of any action/objection raised to such repudiation letter, the complaint cannot proceed. He raises this technical argument, but at the same time has been unable to point out the existence of any repudiation letter from the records or otherwise. The argument therefore begs the question itself and hence appears to be unsustainable in as much as if the Rejoinder of the Complainant incorrectly states about repudiation taking the formal shape of a letter, no advantage can be taken of, as a fact not in existence cannot be presumed to exist on the argument of the Ld. Counsel for the I
(1) Liability – The liability of the Insurance Company under the policy is clear as the claim is reimbursable in terms of the risk cover under clause-1 of the schedule pertaining to the sinking of a ....
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 insurer's repudiation of the claim was justified due to the complainant's non-compliance and exaggeration of loss, validated by surveyor reports.
Second Surveyor – In the present case, there no valid reasons are stated for the appointment of the second surveyor. There is nothing to suggest that the first surveyor’s report to be arbitrary or th....
Appointment of Third Surveyor – right can be exercised for valid reasons or if the report is found to be arbitrary and that Insurance Company must give cogent reasons without which it is not free to ....
The burden of proof in insurance claims lies with the insurer to establish policy violations, and claims cannot be repudiated without substantial evidence supporting such breaches.
The court emphasized the need for proper justification and adherence to regulations in repudiating an insurance claim, and highlighted the importance of considering expert reports and providing reaso....
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