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PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN
United India Insurance Company Limited – Appellant
Versus
Lariya Art Palace Private Limited – Respondent
JUDGMENT :
Munnuri Laxman, J.
1) In the present Civil Misc. Appeal, the challenge is made to the judgment and decree dated 29.01.2024 passed by the Commercial Court No.2, Jodhpur on the file of Original Civil Suit No.25/2021 (N.C.V. No.23/2019), wherein and whereby the claim of the plaintiff was partly allowed as follows:-
(ii) The interest @ 9% per annum was awarded from 21.10.2015 to till the amounts are deposited.
(iii) The plaintiff’s claim for compensation was partly allowed granting Rs.2,00,000/- and cost was also awarpresented the claim before the defendant claiming the folled.
2) The present appeal is filed by the defendant-Insurance Company. For clarity, the ranks of the parties as were referred in the suit, is maintained.
3) The plaintiff is a Private Limited Company, which is involved in manufacturing
The execution of a full and final settlement under duress does not preclude a claimant from pursuing legitimate compensation.
Insurance Policy – Standard Fire & Special Perils Policy – Surveyors report is a valuable document based upon which Insurance company have to take final decision on the claim.
Underinsurance assessed by Surveyor is arbitrary.
Insurers must substantiate their claim settlements and cannot rely on acceptance of prior inadequate offers without fully disclosing material information.
Insurance claims must be assessed justly, with surveyor reports not being conclusive and subject to scrutiny.
(1) Appellant/Insurer did not disclose the name of the officer, who had settled the claim nor adduced any evidence in this respect.(2) Although the stock of spare parts as submitted by the Appellant/....
The court established that a consumer can claim under the Consumer Protection Act for insurance disputes, even with commercial intent, emphasizing assessment fairness by the appointed Surveyor.
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