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AVM J. RAJENDRA
National Insurance Co. Ltd. – Appellant
Versus
Geekay International Co. – Respondent
ORDER
The present First Appeal has been filed under Section 51 of the Consumer Protection Act, 2019 (“the Act”) against the Order dated 13.10.2021 passed by the State Consumer Disputes Redressal Commission, Maharashra, Mumbai (the State Commission), in Consumer Complaint No.390 of 2015, wherein the Complaint filed by the Complainant (Respondent herein) was partly allowed.
2. As per report of the Registry, there is a delay of 6 days in filing the present First Appeal. As the delay was during the suspended period of limitation by the Hon’ble Supreme Court due to Covid-19, the First Appeal is treated to have been filed within limitation.
3. For the sake of Convenience, the
parties in the present matter are being
referred to as mentioned in the complaint before the State Commission. M/s. Geekay International Co. is identified as the Complainant and M/s. National Insurance Co. Ltd. is referred to as the Opposite Party / Insurer (OP).
4. Brief relevant facts of the case, as per the Complainant, are that the complainant is Geekay International Co. Ltd., a partnership firm based in Andheri, Mumbai, engaged in the business of cloth and garments. The OP is the National Insurance Company Limi
Insurance policy – Exclusion clause – Burden of proof is on the insurer to show that case falls within the purview of exclusion clause – In case of ambiguity, benefit goes to insured.
Appeal – It is mandate provision that while considering the appeal grounds, the grounds which are not mentioned in repudiation letter cannot be discussed and considered at the stage of appeal.
(1) Terms and Conditions – The terms and conditions of the Insurance Policies require the Insured to take all reasonable steps to safeguard the property under insurance.(2) Policy – Examination of th....
Insurance – In absence of requisite evidence from Complainant to support peril covered under policy, no liability can be fastened upon Insurer.
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....
IMPORATNT POINT Appointment of Surveyor – Insured can also appoint a Surveyor or loss accessor.
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.
1) Though all required documents were submitted by the Respondent to the Appellant, claim of the Respondent was repudiated by the Appellant for not supplying the documents.2) Calculation made by surv....
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