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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE K.KUMARESH BABU
P.R.P. Exports rep. by its Partner P. Suresh Kumar – Appellant
Versus
Export Credit Guarantee Corporation of India Ltd. – Respondent
ORDER :
1. The issue that arises for consideration in all these Writ Petitions is with regard to the rejection of claim made by the petitioner under the Insurance scheme floated by the respondents. Hence, with consent of the learned counsels appearing on either side, Writ Petitions were all taken together and disposed of by this common order.
2. Heard Mr.S.R.Rajagopal, learned Senior counsel appearing for Mr.R.S.Pandiyaraj, learned counsel for the petitioner and Mr.Krishna Srinivasan, learned counsel appearing for Mr.S.Ramasubramaniam & Associates, learned counsel for the respondents.
3. The learned Senior Counsel appearing on behalf of the petitioner would submit that the petitioner is a firm engaged in 100% export oriented business in exporting granites to various countries. The petitioner Company is also recognised by the Government of India in that aspects. He would submit that the respondent provided export credit insurance facilities to the exporters and banks in India in order to encourage and facilitate the globalization of India and to assist the Indian Exporters in managing the creditors by providing timely worthiness of buyers and bankers and the said Insurance policy is to
Writ petitions related to insurance claims involving factual disputes are not maintainable under Article 226 of the Constitution, mandating civil adjudication instead.
The court ruled that an insurance claim cannot be repudiated on misinterpretations of theft and abandonment, emphasizing the need for valid grounds for repudiation.
The Pravasi Bharatiya Bima Yojana, 2017, is a statutory welfare scheme, allowing judicial review of insurance claims despite delays in intimation, emphasizing the protection of emigrant workers' righ....
Point of law: While dealing with the present appeal, one has to bear in mind that a intra-Court appeal is really not a statutory appeal preferred against the judgment and order of an inferior to the ....
The central legal point established in the judgment is the duty of the State to act fairly in insurance contracts, the violation of which can lead to the setting aside of repudiated insurance claims.
The payment of prior premium is a Sine qua non of coming into force of any contract of insurance between the insured and insurer, and the State Government's insistence on making payment to the farmer....
The court held that disputes regarding insurance claims involving factual determinations are not suitable for resolution under Article 226, necessitating civil proceedings or arbitration.
An insurance policy lapses if the premium is not paid within the grace period; revivals after the insured's death are impermissible under contract terms.
A lapsed insurance policy cannot be revived post-death, and the Insurance Ombudsman lacks authority to bypass contract terms based on equity.
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