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A. P. SAHI
Nissan Enterprises Limited – Appellant
Versus
National Insurance Company Ltd. – Respondent
ORDER
The complainant is in the business of trading in electronic items such as cell phones, electronic component accessories of mobile phones, I-pods, cameras, gaming devices, computers and other audio video consumer electronics. The complainant stored its stocks at a warehouse in Bhiwandi in Building No. I/12, Gala 8, 9 & 10, Shri Arihant Compound, Kalher, Bhiwandi, Thane. The stocks stored in the said premises were insured with the opposite party National Insurance Co. Ltd. under a Floater Policy for a period 18.04.2013 to 17.04.2014 for an insured sum of Rs.5,00,00,000/-.
2. It is alleged that at midnight around 12:30/12.45 a.m. in the early morning hours of 03/04.07.2014, after heavy rains and water-logging, the building collapsed. Several people were injured and some also lost their lives in the said collapse. According to the complainant, the insurance policy covered the entire risk of stocks and accordingly the intimation was given to all concerned, including the Insurance Company, about the said accident. One of the grounds taken in this complaint is that the Insurance Company kept the matter pending for no valid reason and that the surveyor report was submitted belatedly.
Repudiation – complainant has not been able to dislodge the exclusion invoked by the Insurance Company, the repudiation cannot be faulted with.
Lightening Strike - The incident of lightening struck on the insured’s premises is borne out by the reports in the local newspapers and the visit of revenue and police officials to the premises. Ther....
The court affirmed that damages due to inundation are covered under the insurance policy, and failure to provide policy terms invalidated the insurance company's repudiation.
Findings of fact recorded by State Commission cannot be interfered with in exercise of revisional jurisdiction of this Commission.
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....
Insurance – Collapse of building – Where policy in question is for reinstatement, Complainant is entitled for Reinstatement Value of similar building.
Insurance companies cannot repudiate claims without substantial evidence proving defects in design or construction as supported by independent expert evaluations.
Surveyor's report, while important, is not conclusive; claim exclusion must be proven by the insurer, particularly where there are indications of bias.
(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.....
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