Back
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
A. P. Sahi, President, Bharatkumar Pandya, Member
SHREE RENUKA SUGARS LIMITED – Appellant
Versus
THE UNITED INDIA INSURANCE COMPANY LIMITED – Respondent
| Table of Content |
|---|
| 1. repudiation of insurance policy due to misrepresentation. (Para 1 , 2) |
| 2. arguments presented concerning the knowledge of loss. (Para 3 , 4 , 5) |
| 3. court's observations on timing and effectiveness of policy. (Para 6 , 9 , 10) |
| 4. details of contract between parties regarding shipment. (Para 12 , 21 , 22) |
| 5. claim of general average adjustment upheld. (Para 71 , 74) |
ORDER
A. P. SAHI, J (PRESIDENT)
1. This Complaint raises interesting questions arising out of peculiar facts that has been very ably argued by Mr. Tripathi, learned Counsel for the Complainant and have been equally responded to with no less ability by Mr. Amit Kumar Singh, learned Counsel for the Insurance Company. The claim arising out of a declaration of General Average after a loss of goods in a marine transit, that has been repudiated by the O.P. vide letter dated 26.12.2009, is the subject matter of this Complaint. The contest put forth by the Insurance Company is that the question of applying the General Average does not arise inasmuch as the policy has been breached by the complainant by having obtained the policy on misrepresentation of facts regarding the casualty which had already taken place. The In
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
