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SUBHASH CHANDRA, SADHNA SHANKER
R. R. Energy Ltd. – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent
ORDER
Dr. Sadhna Shanker, Member.—This appeal has been filed under section 19 of the Consumer Protection Act, 1986 (hereinafter referred to as the ‘Act’) in challenge to the Order dated 19.04.2012 of the State Commission in complaint no.7 of 2010, whereby
the complaint of the complainant was dismissed.
2. We have heard the learned counsel for the appellant (hereinafter referred to as the ‘complainant company’) and the learned counsel for the respondent (hereinafter referred to as the ‘insurance company’) and perused the record including the State Commission’s impugned Order dated 19.04.2012 and the memorandum of appeal.
3. The brief facts of the case are that the complainant company had established a husk and coal based Power Plant having capacity of 14 MW, which commenced commercial production of power on 13.07.2007 and as per the statutory requirement, the complainant company had also installed at the aforesaid Power Plant an Electro Static Precipitator (ESP), as a pollution control measure, installed by M/s Thermax Babcock & Wilcon, Pimpri Pune, a renowned manufacturer of ESP. The function of the ESP is to separate dust and ash particles, contained in the smoke, which emitted while
Insurance Policy – Machinery Breakdown Insurance Policy – Repudiation of Insurance policy – No clarity as to under which policy claim has been repudiated – Deficiency in service.
Insurers are not liable for losses arising from the insured's failure to follow operational guidelines; the burden of proof lies on the complainant to establish policy coverage.
Exclusions/exceptions - The break-down of the machinery is covered under the Machinery Break Down Policy and exclusions/exceptions are not attracted.
The court emphasized the need for proper justification and adherence to regulations in repudiating an insurance claim, and highlighted the importance of considering expert reports and providing reaso....
(1) Adverse Claim – The law mandates that a party confronted with an adverse claim must voice its opposition; failure to do so results in a deemed acceptance of the allegations or facts asserted agai....
1) Mere reading shows that Violation of Policy Conditions written in surveyor’s report are patently ambiguous and incoherent.2) Nothing prevented the insurance co.’s surveyor to confirm from relevant....
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