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INDER JIT SINGH, SUDHIR KUMAR JAIN
United India Insurance Co. Ltd. – Appellant
Versus
Nayyar Electronic World – Respondent
ORDER
Dr. Sudhir Kumar Jain, Presiding Member—Briefly stated relevant facts of the case are that the respondent/the complainant/M/s. Nayyar Electronic World (hereinafter referred to as ‘the respondent’) was engaged in business of selling electrical appliances. The respondent for financial security was insuring its shop and the stocks/property against various risks and in particular for burglary and allied perils. The respondent renewed the insurance policy/cover with the opposite party/United India Assurance Company Limited/appellant (hereinafter referred to as ‘the appellant’) for a period of one year commencing from 14.08.2010 to 13.08.2011 for Rs.42,50,000/- which covered stocks of electronic goods, furniture, fixtures, and fittings. The respondent was not supplied with the policy and its terms and conditions and when the respondent approached the appellant, after loss then the respondent was provided with a computerized document during process of lodging the claim and thereafter the respondent came to know about insurance policy bearing no 221600/46/10/04/00000440.
1.1 A theft/burglary took place at the insured premises of the respondent in the night of 22/23.04.2011. The respond
Insurer should not repudiate claim of insured merely on ground of short delay.
Underinsurance assessed by Surveyor is arbitrary.
(1) Repudiation - Repudiation of the claim by the opposite party is the deficiency in service on the part of the opposite party.(2) Exclusion clause - By citing the fact, the complainant stated that ....
The court emphasized timely settlement of insurance claims and the reliance on surveyor assessments despite the insurer's delays.
Exclusion Clause – Exclusion Clause No. 4 cannot be pressed into service to legally suspect the impugned order as infirm on that ground.
1) Neither employees carrying the gold took any step for its recovery after theft nor did the petitioner, who was informed on telephone asked them to take any step for recovery of the theft good; thu....
IMPORATNT POINT Appointment of Surveyor – Insured can also appoint a Surveyor or loss accessor.
Insurance claims must adhere strictly to policy conditions regarding prompt notification of incidents; failure to act can lead to claim repudiation.
1) Mere reading shows that Violation of Policy Conditions written in surveyor’s report are patently ambiguous and incoherent.2) Nothing prevented the insurance co.’s surveyor to confirm from relevant....
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