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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
A. P. Sahi, PRESIDENT, Bharatkumar Pandya, MEMBER
Viraj Impex Pvt. Ltd. – Appellant
Versus
The Oriental Insurance Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. insurance claims based on classification must meet specific standards. (Para 1 , 2 , 3 , 4 , 5) |
| 2. policy terms and representations shape liability and claims. (Para 8 , 9 , 10 , 11 , 18) |
| 3. debate over vessel classification directly impacts coverage. (Para 12 , 15 , 16 , 17 , 19) |
| 4. waiver of policy conditions requires clear communication. (Para 30 , 31 , 42 , 100 , 128) |
| 5. court imposes costs due to inadequate insurer defense. (Para 132) |
ORDER
JUSTICE A.P. SAHI, PRESIDENT
1. These are three Complaints regarding an insurance claim in respect of the loss of three consignments of the Complainants which they allege were insured with the Opposite Party Oriental Insurance Company, and upon the loss having occurred during the duration of the policy, the same was liable to be indemnified under the terms of the policy for the sums as insured respectively in all the three cases. The claims were declined by the Insurance Co. giving rise to the complaints that were filed alleging deficiency.
2. The consignments sailed on a ship named Khalijia-III from China to its destination in Mumbai. The consignment consisted of Rolled Steel Coils. There were other importers who had booked thei
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