RAM SURAT RAM MAURYA, BHARATKUMAR PANDYA
Soham Mannapitlu Power Pvt. Ltd. – Appellant
Versus
United India Insurance Co. Ltd. – Respondent
ORDER
Bharatkumar Pandya, Member.—The complainant is filed raising grievance of wrongful rejection of genuine claim lodged for losses and damage suffered by them on account of peril covered under the policy issued by OPs with prayer to direct them to pay the claim as lodged by them. The complainant company is part of Soham group which has been engaged in construction and implementation of hydro power generating projects for over a decade. The complainant company is the owner of a small hydel power generating station in the name and style of “M/s Soham Mannapitlu Power Pvt. Ltd.” at Arambody Village, Near Moodabidri, D.K. District, Karnataka. It is engaged in generation of electricity at its hydel power station at Mannapitlu and sells the electricity so generated to the Government of Karnataka under a Power Purchase Agreement with Mangalore Electric Supply Company. The hydel power project purchased by the complainant was about 75% complete on “as is where is” basis along with necessary government approval. Complainant approached OP 4, the division office of OP 1 for the said project to be insured and covered under an insurance policy, who in turn appointed a surveyor and who in turn
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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 companies must provide valid reasons based on evidence when rejecting surveyor assessments to avoid unjust repudiation of claims.
Surveyor's report, while important, is not conclusive; claim exclusion must be proven by the insurer, particularly where there are indications of bias.
Repudiation – complainant has not been able to dislodge the exclusion invoked by the Insurance Company, the repudiation cannot be faulted with.
(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.....
Insurance Policy – Multiple Claims raised – Appointment of technical investigator before paying claims cannot be termed arbitrary or baseless & no illegality in insurer wanting to undertake technical....
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....
Insurer - The insurer has the discretion to accept or reject the report of the surveyor for reasons to be clearly provided.
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.
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