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A. P. SAHI, BHARATKUMAR PANDYA
Kashifa Khan – Appellant
Versus
DGM, M/s. Oriental Insurance Co. Ltd. – Respondent
ORDER
Bharat Kumar Pandya, Member—The present complaint has been filed by Complainant, partner of M/s Bottega Indiana, a partnership firm dealing in export of leather, soles, leather uppers, shoes, etc. to Kuwait through CHA Safewater Lines Pvt. Ltd. Complainant used to get the goods manufactured from other factories after receipt of orders. Complainant has been doing the export business since 2016 and the firm has a showroom cum warehouse at B-34, Sector-64, Noida, U.P. All Marine Insurance Policies for consignments despatched were taken from the opposite party insurance company and the coverage was always based on “All Risk” and “Warehouse to Warehouse”.
The brief facts of the present case are as under:
2. Complainant received order for leather shoes, boot uppers and ladies readymade garments from Kuwait from January to April 2017. Order of leather shoes and boot uppers was further given to M/s Usha Kiraninduszes, Noida for 3900 pairs and 3500 pairs of uppers. 1900 pairs were already in their stock M/s Usha Kiran gave delivery of these items in April 2017. Ladies garments were taken from M/s RD Enterprises in June 2017. Buyer wanted delivery in Nov. 2017. Buyer visited from Kuwai
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) Surveyor Report – Surveyor Report is an important piece of evidence and it has to be given due weight, though it is not sacrosanct and it can be displaced by leading a cogent evidence.
Assessment - In absence of details relating to stage of production of items, the Surveyor was justified in considering the semi-finished cost rate at 50% of finished cost rate on an average of 50% co....
Insurance claims must be supported by credible evidence; exaggerated or fabricated claims can lead to repudiation.
(1) Competent Authority repudiated the Claim on the ground of the Claim having been grossly inflated by fraudulent means.(2) Repudiation made by the Insurance Co. cannot be faulted.
Insurers must indemnify losses covered by policy terms regardless of bailee situations, reaffirming the principle of indemnity in insurance contracts.
Commercial entities are consumers under the Consumer Protection Act, and the credibility of surveyor assessments is upheld unless disproven.
Insurance companies must provide substantial proof when denying claims; unjust repudiation leads to enforceable obligations to pay agreed amounts.
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