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A. P. SAHI, INDER JIT SINGH
Krishna Spico Industires – Appellant
Versus
Oriental Insurance Company Ltd. – Respondent
ORDER
Dr. Inder Jit Singh, Member.—The present Consumer Complaint/Original Petition (hereinafter referred to as CC) has been filed by the Complainant against Opposite Parties (OPs) as detailed above, inter alia praying for the following directions:-
(i) OP-1 to pay a sum of Rs.1,47,87,672/- on account of loss to the plant & machinery, building and firefighting operation, with interest @13.5% from the date of fire till realization and award additional interest @ 2% per annum under Regulation 9 (6) of IRDA on Rs. 1,47,87,672/-;
(ii) OP-1 to pay a sum of Rs.2,69,07,774/ on account of loss in business;
(iii) OP-2 to pay a sum of Rs.2,86,39,337/- in favour of the Complainant on account of deficiency in service;
(iv) OPs-1 & 2 to pay Rs.25,00,000/- as cost.
2. Notice was issued to the OPs on 28.04.2008. Written Statement was filed by OP-1 (hereinafter also referred to as Insurance Company) on 07.12.2008 and by OP-2 (hereinafter also referred to as the Bank) on 18.08.2008. Complainant filed Rejoinder on 17.07.2009. The parties filed their Evidence by way of Affidavit on 05.10.2009 and 04.05.2017 (Complainant), 15.02.2011 (OP-1) and 02.07.2010 (OP-2). The complainant filed Written
Insurance Company cannot travel beyond the grounds mentioned in repudiation letter.
1. Insurance claim cannot be inordinately delayed.2. Delay will result in payment of interest to ensured.3. Random inspections and obsequious objections cannot be grounds to hold up claims
(1) Liability of Insurance Company – Whether the fire took place by a short circuit or any other reason, as long as the insured is not the person who caused the fire, the Insurance Company cannot esc....
(1) Surveyor Report – Surveyor Report is an important piece of evidence and it has to be given due weight, though it is not sacrosanct and it can be displaced by leading a cogent evidence.
Complainant failed to prove that fire, which had taken place on 13.03.2016 at 2.30 pm at his premises was due to any of the perils covered in the Insurance Policy.
(1) Fire - On merits, once it is established that there was fire, it is settled law that it is upon the Insurer to prove that the fire was intentionally caused by the Insured.(2) Burden of Proof - wh....
“In a claim for loss by fire, origin of fire could be quite immaterial, so long as the factum of fire and factum of damage established.”
Insurance companies must provide substantial proof when denying claims; unjust repudiation leads to enforceable obligations to pay agreed amounts.
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