SUBHASH CHANDRA, SADHNA SHANKER
United India Insurance Company Limited – Appellant
Versus
Core Green Sugars & Fuels Pvt. Ltd. – Respondent
ORDER
Subhash Chandra, Presiding Member.—This first appeal under Section 19 of the Consumer Protection Act, 2019 (in short, ‘the Act’) assails the order dated 02.01.2017 of the Telangana State Consumer Disputes Redressal Commission, Hyderabad (in short, ‘the State Commission’) in Complaint case no.160 of 2014 by allowing the complaint and directing opposite party No.1/respondent No.1 to pay Rs.56,90,848/- with interest @ 9% per annum from 02.12.2010 till realization with cost of Rs.5,000/- within four weeks.
2. IA No.4836 of 2017 is an application praying for condonation of delay of 60 days which is condoned in the interest of justice for the reasons stated in the IA.
3. We have heard the learned counsel for the parties and have carefully considered the material on record.
4. The relevant facts of the case, in brief, are that respondent no.1 had proposed to set up an integrated sugar complex with 5000 TCD sugar plant with 24 MW co-generation power plant and 50 KLPD distillery in Tumkur Village, Yadgir District, Karnataka. The respondent engaged an agency to construct two MS Molasses Tank and obtained a Storage-cum-Erection Insurance Policy from the appellant for the period 01.11.20
Unless report of Surveyor is established to be arbitrary or perverse the same requires to be considered.
Lightening Strike - The incident of lightening struck on the insured’s premises is borne out by the reports in the local newspapers and the visit of revenue and police officials to the premises. Ther....
‘Reasonable precaution’ - Use of the term ‘reasonable precaution’ does not envisage for performance of impossible act.
Inundated - The rainfall measured 24 cm on a single day on 24th August, 2000. Many areas of these cities were inundated. As such, it is proved that cause of loss was inundation due continuous rain fa....
Surveyor – It is mandatory for the Insurer to appoint a surveyor for assessment of loss, exceeding Rs.25000/- under Section 68 UM of Insurance Act, 1938. Bonafide/malafide – The surveyor is an expert....
Second Surveyor – In the present case, there no valid reasons are stated for the appointment of the second surveyor. There is nothing to suggest that the first surveyor’s report to be arbitrary or th....
Insurance companies cannot avoid liability by citing external compensations, and second surveyors must be appointed with regulatory oversight.
Surveyor's report, while important, is not conclusive; claim exclusion must be proven by the insurer, particularly where there are indications of bias.
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