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A. P. SAHI
Reddy Veeranna Constructions Pvt. Ltd. – Appellant
Versus
United India Insurance Co. Ltd. – Respondent
ORDER
This complaint has been filed by a Private Limited Company through its Director that undertakes contracts for construction of public works, including roads, dams etc. The present complaint is filed with regard to the non-settlement of an insurance claim that had been registered with the insurance company, claiming a loss while carrying out the work of construction of a water storage tank under the lift irrigation scheme at Village Muchonipally in Gattu Mandal, Mehbubnagar, Andhra Pradesh. The project was sanctioned and contract awarded and in order to cover the risk the complainant took a Contractors All Risk Insurance Policy from the opposite party that was valid for the period between 18.07.2008 to 17.07.2009 that was continued from 18.07.2009 to 17.01.2010.
2. The complainant commenced work on this project of the lift irrigation scheme titled as “Jawahar”. According to the complainant heavy rains on an unprecedented scale were witnessed at the site, causing a breach in a part of the bund of the said project between 30.09.2009 and 03.10.2009. This breach occurred on account of this heavy rainfall. The water to be accommodated had to pass through a feeder canal to be constru
(1) Breach – The breach in the Dam was caused due to heavy rains and that was clearly covered under the Insurance claim. The deficiency in service by erroneously repudiating the claim is established.....
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....
1. Investigated and determined - Merely because recording of evidence is required, or some questions of fact and law arise which would need to be investigated and determined, cannot be a ground for s....
Insurance Policy – Repudiation of claim – Surveyor;s report cannot be lightly brushed set aside & once survey report is not based on adhocism or is vitiated by arbitrariness, then jurisdiction of con....
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 Policy – Multiple Claims raised – Appointment of technical investigator before paying claims cannot be termed arbitrary or baseless & no illegality in insurer wanting to undertake technical....
‘Reasonable precaution’ - Use of the term ‘reasonable precaution’ does not envisage for performance of impossible act.
“A court of higher jurisdiction can always decide the cases relating to lesser valuation of its pecuniary jurisdiction.”
Insurance – Collapse of building – Where policy in question is for reinstatement, Complainant is entitled for Reinstatement Value of similar building.
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