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SUDIP AHLUWALIA, J. RAJENDRA
DCW Ltd. – Appellant
Versus
United India Assurance Co. Ltd. – Respondent
ORDER
AVM J. Rajendra, AVSM, VSM (Retd.), Member—The present First Appeal has been filed under Section 19 of the Consumer Protection Act, 1986 (hereinafter referred to as “the Act”) against the Order dated 14.02.2013 passed by the State Consumer Disputes Redressal Commission, Maharashtra (hereinafter to be referred as “the State Commission”), in Consumer Complaint No.110 of 2010, wherein the Complaint filed by the Complainant (Appellant herein) was dismissed.
2. For the sake of Convenience, the parties in the present matter being referred to as mentioned in the Complaint before the State Commission. “DCW Ltd.” is the Complainant, which is a manufacturing company involved in the production of caustic soda, synthetic rutile, PVC, etc. in Sahapuram, Tamil Nadu.
“United India Assurance Co. Ltd.” is referred to as the “Opposite Parties” or Insurer in this matter.
3. The main issue in this case is the alleged deficiency in service by the Opposite Parties/Insurer. The Complainant’s insurance claim was repudiated based on the insurer’s contention that the damage to the insured Diesel Generator Sets (for short ‘DG Sets’) resulted from willful negligence on the part of the insured or any per
Wilful negligence has all elements of gross negligence, but it also requires that defendant knows or should have known about potential injury—It is the highest degree of negligence.
Insurer liability - The insurer liability is limited to external damage due the accident as determined by the surveyor. The damage to the engine, however, was consequent to specific acts of negligenc....
Insurance Policy – Machinery Breakdown Insurance Policy – Repudiation of Insurance policy – No clarity as to under which policy claim has been repudiated – Deficiency in service.
Insurers are not liable for losses arising from the insured's failure to follow operational guidelines; the burden of proof lies on the complainant to establish policy coverage.
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