Back
A. P. SAHI, BHARATKUMAR PANDYA
Panchsheel Organics Ltd. – Appellant
Versus
Sr. Divisional Manager, New India Assurance Co. Ltd. – Respondent
ORDER
Bharatkumar Pandya, Member.—Heard Mr. Ram N. Sharma, Advocate for the Complainants and Ms. JPN Shahi, Advocate, for Opposite Party. Since the earlier order 13.09.2023 had been pronounced by a learned Single Member of this Commission, the Opposite Party preferred an appeal before the Hon’ble Supreme Court. The Hon’ble Apex Court, vide its order dated 04.12.2024 in Civil Appeal No. 927 of 2024, set aside the said order dated 13.09.2023 and remanded the matter for fresh consideration by a duly constituted Division Bench. Accordingly, the present matter is now being heard and decided by this Division Bench.
2. The complaint relates to an insurance dispute. The complainant/insured had obtained a Standard Fire and Special Perils Policy for the period 04.12.2010 to 03.12.2011 from OP, The New India Assurance Co. Ltd. The sum assured under the two policies is one is of Rs.9 crore for on stocks of raw materials, goods, stock and another of Rs.5.5 crore for building, plant, machinery, furniture and fittings. On 10.06.2011, a fire broke out at the insured premises, intimation of which was given to OP on the same day. A preliminary spot surveyor/Loss Assessor, valuer, B.K. Agarwala & Assoc
Absence of valid license on the date of incident as a sole ground cannot justify repudiation of insurance claim when there is no evidence of positive suspension of license or of positive embargo on p....
(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....
The insurer's repudiation of a claim must adhere to statutory timelines; arbitrary and unfounded repudiation constitutes deficiency in service.
(1) Contract of Insurance – It is well settled that a contract of Insurance is to be honoured strictly in terms of the conditions specified in the Policy without making any alteration in the words us....
Insurance – Once assessment has been made by Surveyor regarding loss/damage which takes place due to fire and that is not disputed by Insurance Company, repudiating claim is unfair and is not legally....
(1) Liability of Insurance Company – Whether the fire took place by a short circuit or any other reason, as long as the insured is not the person who caused the fire, the Insurance Company cannot esc....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
