Indian Kanoon - Search engine for Indian Law

It is submitted that the occurrence of fire was never disputed; rather, the claim was processed, surveyed and partially allowed. Hence, according to the insurer, bona fides of O.P. No. 1 stand demonstrated.

The insurer's principal objection relates to absence of insurable interest in respect of the building. It is urged that the land belonged to N.F. Railways and the operative licence stood in the name of Sri Gopal Das as on the date of loss. Since the complainants failed to establish transfer, tenancy, assignment or authorization in their favour, they could not validly claim structural loss as owners or lawful licensees.