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SUDIP AHLUWALIA
Bajaj Allianz General Insurance Company Ltd. – Appellant
Versus
Kay Vee Enterprises – Respondent
ORDER :
1. This Revision Petition has been filed against the impugned Order dated 09.11.2016 passed by the Ld. State Consumer Disputes Redressal Commission, Punjab in Appeal No. 1430/2013 vide which, the Appeal filed by the Complainant was allowed and the Order of the Ld. District Forum dismissing the complaint was set-aside.
2. The factual background, in brief, is that the Complainant who is engaged in the trade of both edible and non-edible items as a dealer and commission agent, procured an Open Marine Policy from the Petitioner, with policy number OG-12-1203-1005-0000001, covering the period from 01.04.2011 to 31.03.2012. Despite not receiving a copy of the policy, the Complainant operated under the belief that its terms and conditions mirrored those of policies obtained for two other affiliated firms from the Petitioner. On 07.06.2011, the Complainant contracted M/s Sahni Tanker Service to transport 30.850 tons of rice bran oil to a consignee in Kanpur Dehat. The value of the oil amounted to Rs. 16,25,795/-. The oil was being transported in a tanker bearing registration number PB-11-AF-9577 when it was involved in an accident near Agra on 12.06.2011, resulting in the loss of the
Insurance claims can be settled on a non-standard basis for non-fundamental breaches, with compensation adjusted according to the degree of overloading.
Admissible Claim – Complainant/Respondent is found entitled to an amount not exceeding 75% of the admissible claim. The actual over-loading in the given case was to an extent of 15.83 MT over and abo....
A claim can be settled on a non-standard basis despite breach of insurance policy conditions if not deemed fundamental; overloading does not invalidate all claims.
Goods Vehicle Insurance – Insured cannot be given amount beyond agreed Insured Declared Value (IDV) under Insurance Policy.
Violation of Policy Condition – insured vehicle was being used for hire in violation of the policy condition, the claim cannot be repudiated in toto but should be settled upto 75% of the admissible c....
(1) Transparency and Exclusion Clauses – The Commission emphasized that if an insurance company intends to exclude certain liabilities based on specific interpretations, they must be transparently di....
(1) Insurance Policy between Insurer and insured has to be strictly construed to determine extent of liability of Insurer.(2) Insured cannot claim anything more than what is covered by Insurance Poli....
Damage to vehicle in accident – When there is overloading of vehicle beyond licensed carrying capacity, claim has to be settled for not exceeding 75% of admissible claim.
(1) Non-Standard Settlement – In cases of theft where there is a contributory factor or breach of warranty (like limitation as to use) that is not fundamental to the loss, the claim should be settled....
(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 ....
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