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K. B. SANGANNANAVAR, M. DIVYASHREE
Manipal Technologies Ltd. – Appellant
Versus
Bajaj Allianz General Insurance Co. Ltd. – Respondent
ORDER
K.B. Sangannanavar : Pri. Dist & Session Judge (R) - Judicial Member.—This is a complaint filed U/s.12 of CPA 1986 to direct OP to pay a sum of Rs.52,74,341/- in respect of the value of the consignment expenses together with cost and current interest at 12% p.a. from the date of refusal to honour the claim till the date of repayment.
2. The brief facts of the case of the Complainant are:
The Complainant and Sirrocco-Parkstone International Ltd., England and Wins Holland Konigbeltweg, Netherlands had entered into an agreement on 04.06.2009. As per the agreement, the Complainant had consigned the books ordered by these two companies to the destination as specified by them. The Complainant had insured the consigned goods by way of Marine Insurance Open Cover Policy covering transit. All risks with Bajaj Allianz General insurance company Ltd., under policy no.04-10-1709-1056-0006-01 from 01.06.2009 to 31.05.2010. The Complainant had sent 15 shipments in respect of the Marine Transit Export Policy under „All Risk Insurance. The OP has rejected three claims in respect of Invoice nos.MPL/EXP/138/09-10, MPL/EXP/151/09-10 and MPL/EXP/152/09-10. The OP has not settled these three invo
Delivery - The fact that delivery itself was not accomplished, and a claim was raised, the issue of applicability of the clause of ‘or 7 days whichever is earlier’ would not apply.
Timely and accurate declarations for consignments are critical in marine insurance policies; failure to comply can validate an insurer's repudiation of claims.
Surveyor’s – While surveyor’s findings and actions, being statutory and in the nature of expert opinion, cannot be scrutinised minutely, still apparent and palpable under-assessment has to be judicia....
(1) Claim of Insured not been repudiated rather it has been accepted, as such various grounds raised in written reply/arguments for repudiation of the claim have to be ignored. (2) It is well settled....
1) Loss not covered in insured perils rather falls in exclusion clause 4.3 of Terms of Policy, thus claim was repudiated.2) Finding in the repudiation letter dt. 20.12.2010 that loss had occurred due....
Mixed up figures – Commission was not in a position to issue any positive direction in favour of the Complainant based on mixed up figures that also embrace the consignment belonging to one another u....
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