Back
A. P. SAHI
Shakambari Polymers Private Limited – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent
ORDER
The complaint arises out of an insurance claim relating to the damage stated to have caused to the goods that was sustained due to a fall during transit. The claim has been repudiated by the insurance company. Hence this complaint.
2. Certain machinery was imported by the complainant for the purpose of manufacturing plastic bottle caps that were transhipped from Imola, Italy to Chennai. It was to be transported from Chennai to Bengaluru to the complainant’s factory situated at Kasba Hobli, Nelamangala, Bengaluru by road. For the purpose of the aforesaid transportation from Chennai to the factory premises, a Marine Cargo Insurance Policy from the Oriental Insurance Company was taken and the cover note prescribed the risk details where the machine/cargo was to be transported from Chennai to its destination at Bengaluru by road in two conveyances (Lorries). The policy is described as Marine Cargo-Single Voyage (Inland Transit) Policy dated 29.04.2015.
3. There were nine boxes containing different components of the machinery and box No.A-1 contained the Compression Moulding Press Machine.
4. The narration of facts by the complainant are that the transhipment reached the destinati
(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....
Delivery - The fact that delivery itself was not accomplished, and a claim was raised, the issue of applicability of the clause of ‘or 7 days whichever is earlier’ would not apply.
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 ....
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) Loss not covered in insured perils rather falls in exclusion clause 4.3 of Terms of Policy, thus claim was repudiated.2) Finding in the repudiation letter dt. 20.12.2010 that loss had occurred due....
(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 ....
(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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
